HC Deb 03 February 1913 vol 47 cc1955-8

In lieu of Section 28 here shall be inserted in the principal Act the following Section:—

"28—(1) Subject to the provisions of this Act it shall be competent to appeal to the Court of Session against a judgment either of a Sheriff or of a Sheriff-Substitute if the interlocutor appealed against is a final judgment or is an interlocutor—

  1. (a) Granting interim decree for payment of money other than a decree for expenses; or
  2. (b)Sisting an action; or
  3. (c) Against which the Sheriff or Sheriff-Substitute either ex proprio motu or on the motion of any party, grants leave to appeal:

Provided that no appeal shall be competent where the cause does not exceed fifty pounds in value exclusive of interest and expenses unless the Sheriff, after final judgment by him on an appeal on the motion of either party made within seven days of the date of the final interlocutor certifies a case as suitable for appeal to the Court of Session:

(2) Nothing in this Section nor in Section twenty-seven of this Act contained shall affect any right of appeal or exclusion of such right provided by any Act of Parliament in force for the time being."

Mr. DUNCAN MILLAR

I beg to move, in Sub-section (l), paragraph (c), after the word "expenses" ["interest and expenses"], to insert the words "or is being tried as a summary cause."

The object of this Amendment is to give effect to the intention of the proviso to Section 2 which prevents any appeal to the Court of Session from the Sheriff Court, where the cause does not exceed £50, and which should include all summary causes. The purpose of the Amendment is to make it quite clear that the proviso applies to all causes tried as summary causes. There is a provision in this Bill extending the definition of summary causes further than it was under the Act of 1907, so that it includes also causes exceeding £50 in value where both parties consent to the cause being tried as a summary cause. By the Bill there is a portion of Clause 8 of the 1907 Sheriff Court Act repealed, which would leave summary causes in their new and extended definition still open to appeal without the leave of the sheriff. It is therefore necessary to meet that possible case, by inserting these words.

Mr. MUNRO

I beg to second the Amendment.

Amendment agreed to.

Further Amendment made: In paragraph (c), Sub-section (1), leave out the words "a case," and insert instead thereof the words "the cause."—[Mr. Duncan Millar.]

Mr. URE

I beg to move, in the First Schedule, to leave out the words "Section 19, omit the words 'the number of Courts to be held by such sheriff substitute, the times and places of holding such Courts."

Mr. MUNRO

The purpose of this proposal was to relieve the Secretary for Scotland of one of his numerous duties. If he prefers to retain this duty among the many which he performs I do not desire to offer any objection.

Amendment agreed to.

Mr. MUNRO

I beg to move, in the Second Schedule, after the figures "76, omit 'confidentially,' and insert 'confidentially,'" to insert the words— provided that an interlocutor granting interim interdict may be appealed within fourteen days from the date of intimation thereof. An interim interdict may be granted on an ex parteapplication of one of the parties to a cause, without its being known to the other party. The object of this Amendment is to meet a case which has actually arisen in Scotland, namely, a case where an interim interdict was granted by the sheriff, but the person who got the interim interdict granted did nothing for the period of fourteen days; he then served it on his opponent, but the appealing days expired, and no right of appeal remained. The object of the Amendment is to secure that the fourteen days shall run from the date when the other party to the cause becomes apprised of the interim interdict granted against him.

Mr. PRINGLE

I beg to second the Amendment.

Mr. URE

I accept the Amendment.

Mr. URE

I beg to move, in the Second Schedule [Form M.] after the words "recorded verdict" ["The verdict of the jury was [here quote the recorded verdict]. The interlocutor of the Sheriff "], to insert the words:— setting forth, where the Sheriff has proposed to the jury a question or questions of fact, such question or questions and the answer or answers thereto returned by the jury. This Amendment is consequential on the acceptance of a previous Amendment.

The Orders for remaining Government business were read, and postponed.

Whereupon, Mr. SPEAKER, pursuant to the Order of the House of 14th October, proposed the Question, "That this House do now adjourn."

Adjourned accordingly at Nineteen minutes after Eleven o'clock.