Companies Clauses Consolidation (Scotland) Act 1845

CXLVI Method of proceeding before the Sheriff or Justices in Questions of Damages, &c.

Where, in this or the special Act, or any Act incorporated therewith, any Question of Expences, Charges, or Damages is referred to the Determination of any Sheriff or Justices, it shall be lawful for the Sheriff or any Justice, upon the Application of either Party, to summon the other Party to appear before such Sheriff, or before Two Justices, as the Case may require, at a Time and Place to be named in such Summons ; and upon the Appearance of such Parties, or, in the Absence of any of them, upon Proof of due Service of the Summons, it shall be lawful for such Sheriff, or such Two Justices, as the Case may be, to hear and determine such Question, and for that Purpose to examine such Parties or any of them, and their Witnesses, on Oath; and the Costs of every such Inquiry shall be in the Discretion of such Sheriff or Justices, and he or they shall determine the Amount thereof.