HL Deb 12 May 1896 vol 40 cc1122-3

Where in cases under subsections (9), (10), and (11) in section 16 it shall appear to the sheriff that the true value of the subject complained of as a nuisance, or the cost of the operations necessary to remove or amend it as ordered, or the value of the trade or business interfered with, exceeds the sum of fifty pounds he shall certify his opinion to that effect, in his decree, and the parties shall thereupon be entitled to appeal from the sheriff substitute, where the judgment has been pronounced by him to the sheriff, on lodging, within three days after the decree, a note of appeal with the sheriff clerk, and serving the same on the opposite party or the agent acting in such proceedings for such party, and such note shall operate as a sist of execution until the appeal be determined; and on such note being lodged the sheriff clerk shall transmit the process, together with the evidence to the sheriff, whose decision thereon shall be final where the value certified is not above fifty pounds; and in the event of such value or cost being so certified to exceed the sum of fifty pounds, the parties shall be entitled to present a note of appeal to the Lord Ordinary on the bills against the judgment either of the sheriff substitute or of the sheriff, whether this last be an original judgment or an appeal: Provided that, along with such note, the appellant shall lodge a sufficient bond of caution by one or more obligitnts, to the amount of fifty pounds sterling, for payment or performance of any judgment that may be pronounced under his appeal; and also provided that such note he lodged in the Bill chamber, and a copy thereof served on the opposite party or his said agent within eight days after the date of the sentence or judgment complained of, which note shall in like manner operate as a sist of execution until a judgment ho pronounced by the Lord Ordinary, which judgment shall be final unless the Lord Ordinary shall allow a reclaiming note to the inner house, and the judgment of the inner house shall be final.

*LORD BALFOUR moved after the words "exceed the sum" to insert the words "of twenty-five pounds but does not exceed the sum"—

Amendment agreed to; clause, as amended, ordered to stand part of the Bill.

Clause 160,—