The Practice of the Court of Session: On the Basis of the Late Mr. Darling's Work of 1833, Volume 1 (Google eBook)

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T. & T. Clark, 1848 - Civil procedure - 1154 pages
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Page 1055 - And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form.
Page 597 - ... therein stated, to each or any of the claims, in the form of answers to a condescendence, with a note of pleas, and, quoad •ultra, the duty and nature of his office shall be similar to that of a common agent in a process of ranking and division...
Page 922 - When the estate of a debtor is brought into the Court of Session by process of judicial sale and ranking, the decree of sale to be pronounced by the Court shall be held as a general decree of adjudication in favour of every creditor who shall afterwards be included in the decree of division ; and the effect of such general decree shall be the same in all competitions, or questions of ranking and preference, as if it had been pronounced and extracted of the date of the first calling of the process...
Page 682 - Inducise of such Summons, and shall infer the like Certification with such Special Charge or General Special Charge, as the Case may be ; and...
Page 1051 - House shall remain as at present; and as the form of review by second notes of suspension to the Lord Ordinary is not given or referred to in the Statute ; it is therefore declared, That parties dissatisfied with the interlocutor of any Lord Ordinary on a note, advised either during the sitting of the Court or in vacation, shall lodge a reclaiming note to the Court against the same: Provided always, that all reclaiming notes shall be intimated to the agent of the opposite party and clerk of the Bills...
Page 797 - Diligence at his Instance in manner underwritten as is alleged : Our Will is herefore, and We charge you, that on Sight hereof ye pass, and in Our Name and Authority...
Page 683 - ... which would have been competent had such summons been preceded by letters of general charge duly executed against such heir, according to the law and practice...
Page 825 - It shall be lawful for all agents duly qualified to practise before the Court of Session to practise in all sheriff courts, in so far as relates to any of the proceedings...
Page 798 - Majesty's name and authority, to charge the said pursuer personally, or at his dwelling place, if within Scotland; and, if furth thereof, by delivering a copy of charge at the office of the keeper of the record of edictal citations at Edinburgh, to make payment of the...
Page 693 - Adjudication shall be null and void, without Prejudice to its being brought forward again in more due Form, or still conjoined with any after Adjudication ; and without Prejudice to the Validity and Order of ranking of posterior...

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