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Titles to Land Consolidation (Scotland) Act 1868

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This is the original version (as it was originally enacted).

35Competing Petition may be presented, and Sheriff, after receiving Evidence, give Judgment.

It shall he lawful to any Person who may conceive that he has a Eight to he served preferable to that of the Person petitioning the Sheriff as aforesaid, also to present a Petition of Service to the Sheriff in manner and to the Effect aforesaid, and the same shall he proceeded with in manner herein-before directed; and it shall be lawful to the Sheriff, if he shall see Cause, at any Time before pronouncing Decree in the first Petition, to sist Procedure on the first Petition in the meantime, or to conjoin the said Petitions, and thereafter to proceed to receive Evidence in manner herein-before directed, allowing each of the Parties not only a Proof in chief with reference to his own Claim, but a conjunct Probation with reference to the Claims of such other Parties; and the Sheriff shall, after receiving the Evidence, pronounce Decree on the said Petitions, serving or refusing to serve as may be just, and shall at the same Time dispose of the Matter of Expenses; and when the Accounts thereof shall be audited and taxed in manner after provided, such Sheriff shall decern for the same.

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