Sheriff Courts (Scotland) Extracts Act 1892

1 Short title and commencement.

This Act may be cited as the Sheriff Courts (Scotland) Extracts Act, 1892, and shall come into operation on the first day of October one thousand eight hundred and ninety-two.

2 Saving clause.

This Act shall not apply to proceedings in the sheriffs small debt court, or debts recovery court, or to summary ejections under the Act first and second Victoria, chapter one hundred and nineteen, sections eight to thirteen, or to commissary or executory proceedings, or proceedings for service of heirs or completing titles, or to proceedings under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881.

3 Interpretation.

In this Act the following terms shall include the several meanings after mentioned:

• " Decree " shall include any judgment, deliverance, interlocutor, act, order, finding, or authority which may be extracted.

• " Sheriff-clerk " shall include sheriff-clerk-depute.

4 Extracts may be in the abbreviated forms of schedule.

Extracts of decrees in the Sheriff Courts of Scotland in civil actions or proceedings may be in the abbreviated forms in the schedule hereto annexed, or as near thereto as the circumstances permit, and the said schedule with the directions therein contained shall be held to form part of this Act; and extracts in such abbreviated forms shall be as valid and sufficient as if in the forms now in use. It shall not be necessary for extracts that the decree shall contain the word "decerns."

5 Forms not specially provided for may be modelled on schedule.

In any case not particularly provided for in said schedule, the extract may be modelled on the forms of the schedule, with such variations as the nature of the case or form of the action or proceeding may necessarily require, or the existing form may be used.

6 Full extracts may be obtained.

Notwithstanding the provisions of this Act, any party interested may demand from the sheriff-clerk a full or more extended extract of a decree when the same shall have become extractable.

7 Import of the warrant for execution.

The following provisions shall apply to the short warrant for execution added to said extracts :

(1) If the decree extracted is for the payment of money, or, amongst other things, for the payment of money, it shall be lawful, in virtue of said warrant, to charge the debtor to pay the sum or sums of money, principal, interest, and expenses specified in the extract, to the creditor within the appropriate days of charge, under the pain of poinding (and also under the pain of imprisonment where the debt is of such a nature as the payment thereof may be enforced by imprisonment), the terms of payment being first come and bygone; as also to arrest the goods, debts, and sums of money of the debtor in payment or satisfaction of the sum or sums contained in the extract; and if the debtor fail to obey the charge, then to poind and distrain his goods and effects in payment or satisfaction of the sum or sums contained in the extract; and if necessary for effecting said poinding, to open shut and lockfast places.

(2) If the decree extracted is for the performance of an act or implement of an obligation other than the payment of money, it shall be lawful, in virtue of said warrant, to charge the person against whom the decree is granted to perform the act or implement the obligation within the appropriate days of charge, under the pain of imprisonment.

(3) If the decree extracted is for the payment of money, and also for the performance of an act or implement of an obligation, it shall be lawful, in virtue of said warrant, to do what is provided for in the two immediately preceding sub-sections.

(4) If the decree extracted is one of removing, it shall be lawful, in virtue of said warrant, to charge the defender to flit and remove himself, his sub-tenants, dependents, and effects from the subjects or premises mentioned in the extract, at the term or date therein specified, if the charge be given forty-eight hours prior thereto, or within forty-eight hours after the charge if given later, under the pain of ejection; and, if he fail to obey the charge, then to eject and remove the defender, his sub-tenants, dependents, and effects from the subjects or premises, and keep them furth thereof, and enter the pursuer or others in his name therein (an inventory of the effects ejected being made by the person executing the diligence) and, if needful for these purposes, to make gates, doors, and other lockfast places open and patent.

(5) If the decree extracted is for a removing, and also for payment of money, or for the performance of an act or implement of an obligation, it shall be lawful, in virtue of said warrant, to do what is provided for in sub-sections (4), (1), or (2) of this section.

(6) In any case where the party to be charged is furth of Scotland, it shall be lawful, in virtue of said warrant, to give an edictal charge of fourteen days.

8 Executors.

Execution on said extracts shall be carried out by messengers-at-arms, officers of court, or others entitled to execute diligence thereon.

9 Interest to be deemed at five per cent.

Where interest is included in a decree or extract, it shall be deemed to be at the rate of five per centum per annum, unless otherwise stated.

10 Act to apply to decrees pronounced prior thereto.

The provisions of this Act shall apply to all extracts issued after its commencement, although the decrees extracted may have been pronounced prior thereto.

11 Extracts not to be invalid on account of form.

No extract shall be held invalid on account of form if it be sound in substance.

12 Repeal.

All statutes and acts of sederunt, so far as they may be inconsistent with any of the provisions of this Act, are hereby repealed.

13 Acts of sederunt may be passed.

It shall be lawful for the Court of Session to pass from time to time any act or acts of sederunt which may be found necessary for giving more full effect to the purposes of this Act.