. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 In all cases in which it is now lawful and competent to grant commission by authority of the Court of Session to the said macers for proceeding in any service, and in which the brief issued from Chancery is thereupon directed to the macers, such commission shall be granted, and such brief issued, according to similar forms, to the [F2sheriff principal] of [F3Lothian and Borders], or his [F2sheriff], as [F2sheriff principal] in that part specially constituted, whether such service may relate to lands and heritages situated in or beyond the sheriffdom of [F3Lothian and Borders], or in several sheriffdoms; and in all cases of competition of brieves, as well as where a party claiming right to appear and oppose a service shall make such appearance, either party may apply for and obtain advocation of the brieves to the Court of Session, not only from any inferior judge, but also from the said [F2sheriff principal] of [F3Lothian and Borders] acting under special commission; and the lord ordinary, before whom the letters of advocation shall be called, shall advocate the brief, and remit to the fifth or junior permanent lord ordinary for the time to be judge in the said service, without prejudice, nevertheless, to the power of the court, whether on declinature or any other cause shown, to remit to any other ordinary to be judge in any service; and every such service, whether before the lord ordinary on advocation, or before the [F2sheriff principal] of [F3Lothian and Borders] on special commission, shall proceed in the same place, form, and manner (unless in so far as the same may hereafter be otherwise regulated in manner herein-after authorized) as services have heretofore proceeded before the macers, except that the said [F2sheriff principal] shall not be required to take any oath de fideli administratione as in the case of the macers; . . . F4 and the Court of Session is hereby empowered, by any Act or acts of sederunt to make such rules and regulations as may be deemed expedient for altering and amending the form and manner of issuing of brieves and executing the same, and of conducting the procedure in such services; and for every such service deduced before the said [F2sheriff principal] on commission, he shall be entitled to a fee of [F5£5·25] on every service in lands, whereof the valued rent is upwards of two thousand pounds Scots, and in every service of a peer, and of [F5£2·10] in every other service.
Textual Amendments
F1Recital omitted under authority of Statute Law Revision Act 1890 (c. 33)
F2Words substituted by virtue of Sheriffs Courts (Scotland) Act 1971 (c. 58), s. 4
F3Words substituted by S.I. 1974/2087, Sch. II
F4Words repealed by Statute Law Revision Act 1890 (c. 33)
F5Words substituted by virtue of Decimal Currency Act 1969, (c. 19) s. 10(1)