Section 96 New procedure in place of actions of transference.C1

Where, according to the existing practice, a cause may be transferred against any party or parties, it shall be competent to any party who might have instituted a summons of transference to enrol the cause before the Lord Ordinary, and to lodge a minute craving transference of the cause against such party or parties; and the Lord Ordinary may thereupon grant warrant for serving a copy of the summons or other original pleading upon the party or parties against whom such cause is sought to be transferred, and at the same time shall allow such party or parties to give in a minute of objections to such transference within a time to be specified in the interlocutor; and such interlocutor shall also be intimated in common form to the agents of the other parties in the cause; and such and the like procedure may be had in virtue of the service of such summons or pleading under the Lord Ordinary’s warrant as might have been had in virtue of the execution of a summons of transference; and if the Lord Ordinary shall think fit to transfer the cause in terms of the said minute, (which the Lord Ordinary is hereby authorized to amend, if necessary,) he shall pronounce an interlocutor holding the cause as transferred against the party or parties named in such minute or amended minute, and the cause shall be taken to be transferred accordingly.