THE FORMS AND PROCEDURE. IN CIVIL CAUSES IN THE SHERIFF COURTS OF SCOTLAND, AS REGULATED BY 16 AND 17 VICT. C. 80, COMMENCING 1st NOVEMBER 1853, AND PREVIOUS STATUTES AND ACTS OF SEDERUNT. BY DAVID JOHNSTON MACBRAIR, ESQ. S. S.C. AUTHOR OF DIGEST OF DECISIONS IN THE COURT OF SESSION," ETC. FROM NOVEMBER 1840 TO NOVEMBER 1850; AND ROBERT BAIRD, ESQ. A. M. MEMBER OF THE FACULTY OF PROCURATORS, GLASGOW. EDINBURGH: T. & T. CLARK, LAW BOOKSELLERS. MDCCCLIII. TO THE SHERIFFS OF SCOTLAND: GENTLEMEN, We beg, with the utmost respect, to dedicate to you this Volume. It is designed to afford facilities to our Professional Brethren in discharging their duties under the New Forms of Procedure. To you the Legislature has committed the sacred trust of administering Justice in the Courts to which this procedure applies, and with you that trust is abundantly safe. PREFACE. The Authors, in this brief Treatise, have endeavoured, in the short space that has intervened since the passing of the recent Sheriff Court Act, to analyse its provisions and throw together such observations as they believe would be useful to the Profession. This, it may well be conceived, has been done amid many interruptions incident to their professional avocations. Yet they trust that their labours will be found useful in guiding the Practitioner in the constantly recurring exigencies of business, and in supplying numerous forms adapted to the changes that have been introduced. To have delayed the publication, even for a few months, till some of the difficult and important questions occurring under this, as under every Legislative measure, had received Judicial interpretation, would have greatly lightened their labours and lessened their feeling of responsibility as to what, in these pages, is matter of opinion; but they considered that the Volume would be much more useful and acceptable if given at once to the Profession. They have only to add, that they have given much thought to the subject, and have availed themselves largely of the numerous opportunities that have been afforded them of hearing and comparing the opinions. and views of Gentlemen of experience and ability in all branches of the Profession. |