Titles to Land Consolidation (Scotland) Act 1868

[F1 43 Procedure when a decree of service is brought under reduction. U.K.

In every case in which a process of reduction of any decree of service pronounced by any Sheriff acting under the said last-recited Act or this Act has been or shall be brought before the Court of Session, it shall be competent to the said Court, if it shall appear necessary for the right determination of the cause, either 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 in regard to jury trials under notes of appeal, and such judgment shall be pronounced in the said process as shall be just: Provided always, that wherever the decree of the Sheriff brought under reduction has proceeded on competing petitions conjoined as aforesaid, and the Court of Session shall determine that a different person shall be served from the person preferred by the Sheriff, a remit shall be made to the Sheriff acting under this Act before whom the said competing petitions depended, or to the Sheriff before whom the same would have depended if the said decree had not been pronounced before the commencement of this Act, with instructions to pronounce a decree serving such different person in terms of this Act, which decree may be thereafter recorded, and an extract thereof given out, in manner and to the effect above provided;and in any case of reduction of a service the judgment shall unless and until reversed by the House of Lords on appeal be conclusive, as between the parties to the suit, against the party whose service is reduced, and shall have the same effect as if the action had contained a conclusion of declarator that the party served was not entitled to be served in the character claimed, and judgment had been pronounced in terms of that conclusion.]

Textual Amendments

F1 Ss. 27–38, 40–48, 50, Schs. (P.), (Q.) which were repealed by Succession (Scotland) Act 1964 (c. 41), Sch.3 are revived, without prejudice to Succession (Scotland) Act 1964 (c. 41), s. 37(1)(d), by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), s. 6—(a) in so far as they provide; and (b) for the purpose only of providing a procedure whereby the heir of a last surviving trustee in a trust, called as heir of provision in the trust destination, may establish his entitlement to act as trustee by having himself served as heir in general to the last surviving trustee.