Titles to Land Consolidation (Scotland) Act 1868

42 Where Sheriff refuses to serve Petitioner, &c., Judgment may be reviewed.

In every Case in which the Sheriff, acting under the said Act of the Tenth and Eleventh of Her Majesty Queen Victoria, Chapter Forty-seven, or under this Act, has pronounced or shall pronounce a Decree refusing to serve a Petitioner, or dismissing his Petition, or repelling the Objection of an opposing Party, it shall he lawful to bring the said Decree under Review of the Court of Session by a Note of Appeal, in or as nearly as may be in the Form of a Note of Appeal under the " Court of Session Act, 1868 " : Provided always, that such Note shall be presented within Fifteen, or, where the Proceedings have been taken in the Courts of Orkney or Shetland, Twenty Days from the Date of the said Judgment; and that where the Decree has been pronounced after Opposition duly entered or in competition, such Note shall be intimated to the opposite Party, and such Note shall be proceeded with in like Manner with Notes of Appeal against final Judgments of the Sheriff Courts ; and it shall be competent to the Court of Session, if it shall appear necessary for the right Determination of the Cause, to allow further or additional Evidence to be taken in any "Way or Form in which Evidence may be competently taken in ordinary Civil Causes depending before the said Court, or to appoint the Cause, or special Issues therein, to be tried by a Jury, and such Jury Trial shall proceed in the same Manner and to the like Effect and with all and the like Remedies as are before provided, and such Judgment shall be pronounced on such Note of Appeal as shall be just: Provided always, that in every Case in which the Sheriff has refused to serve, but in which the Court of Session shall determine that the Party ought to be served, a Remit shall be made to the Sheriff from whom such Petition has been or shall be appealed, or before whom the same, if not advocated or appealed before the Commencement of this Act, would have depended, with Instructions to pronounce a Decree serving the said Party in Terms of this Act, which Decree may be thereafter recorded and extracted in manner and to the Effect before provided : Provided also, that nothing herein contained shall prejudice the Right of any Person whose Petition of Service shall be refused without any opposing or competing Party having appeared and been heard on the Merits of the Competition, to present a new Petition at any Time thereafter, or the Right of either Party in any of the Proceedings authorized in the Court of the Sheriff, by this Act or the said Act of the Tenth and Eleventh of Her Majesty, Chapter Forty-seven, to bring under Challenge whatever Decree may have been or may be pronounced therein by Process of Reduction before the Court of Session on any competent Ground.