OpenLegislation

Part General Directions

United Kingdom

Where the F1sheriff principal has adhered to the decree of the sheriff the date of the sheriff principal’s decree only need be given.

In the extract the decree shall bear to have been given from the seat of the court.

Whether the decree has been given by the sheriff principal or sheriff the phrase to be used in the extract shall be “the sheriff principal”

Where an extract has more than one date, it shall not be necessary to specify what was done on each date.

It shall not be necessary to state by whom the extract has been written or collated.

It shall be sufficient that the import or substance of the decree is given in the appropriate form herein-before provided, although the cravings or conclusions of the action, or the decree itself, may be expressed in different or more redundant language.

The dues of extract shall be added to the expenses decerned for, and the total inserted in the extract.

The nature of the debt (such as that it is for aliment) shall be stated in the extract in all cases where payment of the debt can be enforced by imprisonment.

In any case where imprisonment is competent, a fiat or warrant of imprisonment must first be obtained in terms of the statutes.

Annotations

Textual amendments

F1

Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Notes on the whole Act

Textual amendments

F1

Preamble omitted under authority of Statute Law Revision Act 1908 (c. 49)

Notes on Schedule

Textual amendments

F1

Sch. repealed (1.1.1994) by S.I. 1993/1956, para. 5, Sch. 2