Paragraph 4 Publication of petitions

(1)

Subject to rule 5 (evidence) below, a petition for service or a petition for completion of title under section 10 of the Act of 1874 shall not proceed until the expiry of 21 days from the date of publication.

(2)

Publication of such a petition shall be by display of a copy of the petition on the walls of court.

(3)

Publication of the petition shall be made–

(a)

in the case of a petition for general service–

(i)

in the sheriff court of the sheriff court district in which the deceased died domiciled;

(ii)

where the deceased had at the time of his death no domicile in Scotland or where his domicile is not known, in the sheriff court at Edinburgh; or

(iii)

where the deceased was domiciled in Scotland at the time of his death but had no fixed or known domicile in any sheriff court district, in the sheriff court at Edinburgh; and

(b)

in the case of a petition for special service or a petition for completion of title under section 10 of the Act of 1874, in the sheriff court of the sheriff court district or each such district in which the lands are situated.

(4)

Immediately on publication of the petition, the sheriff clerk shall foward to the sheriff clerk of Chancery a certificate in Form 13.