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Section 79 Regulation of interim possession pending appeal to the Court of Session.C2C1

In all cases where the judgment of any inferior court shall be brought under the review of the Court of Session by appeal, it shall be competent for the inferior court to regulate in the meantime, on the application of either party, all matters relating to interim possession, having due regard to the manner in which the interests of the parties may be affected by the final decision of the cause; and such interim order shall not be subject to review, except by the Court at the hearing of such appeal, when the Court shall have full power to give such orders and direction in respect to interim possession as justice may require.

Annotations

Modifications

C1

Ss. 65–70, 73 and 79, so far as they relate to appeals from Sheriff Court, repealed by Sheriff Courts (Scotland) Act 1907 (c. 51), Sch. 2

C2

Ss. 50–101 repealed (S.) by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)