Sheriff Courts (Scotland) Extracts Act 1892

SCHEDULE

1.—EXTRACT DECREE FOR PAYMENT.

At Glasgow, the tenth day of June (and fourteenth day of July) 1889, in an action in the sheriff court of the county of Lanark, at Glasgow, at the instance of John Smith, merchant, Gallowgate, Glasgow, pursuer, against John Brown, 19, Newton Street, Glasgow, defender, the sheriff (in absence) decerned the defender to pay to the pursuer one hundred pounds, with interest thereon from 1st January 1889, and five pounds ten shillings of expenses, (a) And the sheriff grants warrant for all lawful execution hereon by instant arrestment, and also by poinding after a charge of [If an edictal charge is necessary, insert seven free days if the defender is within Scotland, and fourteen free days if furth thereof] seven free days. Extracted at Glasgow, this fifteenth day of August 1892, by me, sheriff-clerk of Lanarkshire.

GEO. SELLAR,

Sheriff-Clerk.

NOTES.—

• Where two or more counties are united in one sheriffdom, the court may be described thus:—" The Sheriff Court of the Sheriffdom of Stirling, Dumbarton, and Clackmannan, at Stirling."

• Where decree for expenses is given in favour of an agent, it may be expressed thus in the extract:—" And to pay to A.B., writer, Glasgow, the pursuer's agent, five pounds ten shillings of expenses."

• Where there are more actions than one in the same court between the same persons the action may be identified in the extract by giving the date of the first deliverance therein.

2.—EXTRACT DECREE OF AFFILIATION AND ALIMENT.

3.—EXTRACT DECREE FOR PAYMENT OF ALIMENT.

4.—EXTRACT DECREE COGNITIONIS CAUSA.

5.—EXTRACT DECREE OF MAILLS AND DUTIES.

6.—EXTRACT DECREE OF POINDING THE GROUND.

7: EXTRACT DECREE OF MULTIPLEPOINDING.

8.—EXTRACT DECREE OF FORTHCOMING.

9.—EXTRACT WARRANT OF SUMMARY EJECTION.

(Preamble as in No. 1.) Granted warrant summarily to eject the defender, his sub-tenants, dependents, and effects from (here describe shortly the subjects). Extracted, &c. (as in No. 1).

10.—EXTRACT DECREE OF REMOVAL.

11.—EXTRACT DECREE OF REMOVAL FOR NONPAYMENT OF FEUDUTY OR RENT UNDER A LONG LEASE, UNDER SECTION 32 OF 16 & 17 VICT. C. 80.

12.—EXTRACT DECREE FOR PERFORMANCE.

13.—EXTRACT DECREE OF INTERDICT.

14.—EXTRACT DECREE OF ABSOLVITOR.

15.—EXTRACT DECREE OF DISMISSAL.

(Follow the immediately preceding form down to (a).) The sheriff dismissed said action. (If expenses are decerned for, follow the immediately preceding example.) (Continue from (a) in No. 1.)

16.—EXTRACT APPOINTMENT OF A JUDICIAL FACTOR.

17.—EXTRACT DISCHARGE OF A JUDICIAL FACTOR.

18.—EXTRACT ACT OF CURATORY, AND UPON PRODUCTION OF INVENTORIES.

19.—EXTRACT ACT UPON PRODUCTION OF INVENTORIES BY CURATORS NOMINATE WITHOUT CONSENT OF NEAREST IN KIN.

20.—EXTRACT ACT UPON PRODUCTION OF INVENTORIES BY CURATORS NOMINATE WITH CONSENT OF NEAREST IN KIN.

(May be modelled upon No. 19 with the necessary variations.)

21.—EXTRACT DECREE OF DECLARATOR.

(Preamble as in No. 1.) The sheriff found and declared (give substance of declarator). Extracted, &c. (as in No. 1).

22.—EXTRACT DISCHARGE TO 'A BANKRUPT.

23.—EXTRACT DISCHARGE OF A TRUSTEE ON A SEQUESTRATED ESTATE.

24.—EXTRACT DECREE OF CESSIO.

25.—EXTRACT DISCHARGE TO A DEBTOR UNDER PROCESS OF CESSIO.

26.—EXTRACT WARRANT OF SALE. (Preamble as in No. 1.)

The sheriff granted warrant to (state import of warrant). Extracted &c. (as in No. 1).

27.—EXTRACT DELIVERANCE UNDER THE PRESUMPTION OF LIFE LIMITATION (SCOTLAND) ACTS.

28.—EXTRACT DELIVERANCES UNDER THE MARRIED WOMEN'S PROPERTY (SCOTLAND) ACT, 1881. (Extracts under the above or similar statutes may be modelled on No. 27.)

GENERAL DIRECTIONS.

Where the sheriff has adhered to the decree of the sheriff-substitute the date of the sheriff's decree only need be given.

In the extract the decree shall bear to have been given from the seat of the court.

Whether the decree has been given by the sheriff or sheriff-substitute, the phrase to be used in the extract shall be " the sheriff. "

Where an extract has more than one date, it shall not be necessary to specify what was done on each date.

It shall not be necessary to state by whom the extract has been written or collated.

It shall be sufficient that the import or substance of the decree is given in the appropriate form herein-before provided, although the cravings or conclusions of the action, or the decree itself, may be expressed in different or more redundant language.

The dues of extract shall be added to the expenses decerned for, and the total inserted in the extract.

The nature of the debt (such as that it is for aliment) shall be stated in the extract in all cases where payment of the debt can be enforced by imprisonment.

In any case where imprisonment is competent, a fiat or warrant of imprisonment must first be obtained in terms of the statutes.