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Act of Sederunt of June 20, 1838.
1851

the session cannot be extracted till the ensuing session , which is complained of as a great inconvenience by the parties desirous to extract Decreets, as well as by the Clerks of Court, and whereas Decreets come final after the first box-day in each vacation, and there appears to be expediency for the reasons before mentioned in adopting the same regulation in this Court : Therefore the Lords do hereby enact and ordain that all Interlocutors pronounced by this Court and not final when the session rises shall henceforth become final , unless a Petition (the same being competent) be boxed on or before the first box-day for each vacation, as the same may be fixed and declared by the Court of Session at the close of their sittings, and authorise the Clerk thereafter to extract and give forth the Decreets of the Court ; And appoint this Act to be recorded in the Books of the Commission.

C. Hope, I.P.D.

Act of Sederunt, Dated June 20, 1838, relative to Interim Schemes of Locality.

Whereas Acts of Sederunt were passed on 5th July 1809,[1] and 12th November 1825,[2] relative to the forms of procedure in the Teind Court; and whereas certain inconveniences have been experienced in practice from the provisions in said Acts relative to Interim Schemes of Locality; Therefore, and to remedy the said inconveniences, the Lords of Council and Session, Commissioners of Teinds, hereby enact and declare as follows:—

1st . That if it shall appear, at any period or periods, that, under an Interim Locality, prepared and approved of in terms of former Acts of Sederunt, the Minister is unable through Surrender of Teinds or other causes affecting its efficacy, to operate payment to any considerable extent of the Stipend awarded to him, then and in that case it shall be competent to the Lord Ordinary, on the motion of the Minister or other party interested , to appoint a new Interim Scheme of Locality to be prepared, and also a State of Arrears remaining due from the causes before specified, to be made up; and when the said Rectified Locality and State of Arrears shall be approved of, the Lord Ordinary shall give Decreet for the Arrears, and the Rectified Locality shall subsist as a new Interim Rule of payment of the Stipend then current, and until it be set aside by any other rule which may afterwards be granted, on course shewn.

2nd. Under the reservation after provided as to expenses, it shall be competent to any Heritor or Heritors, the state of whose Teinds has been materially altered by Decreets of Valuation, or by other circumstances , which may have occurred subsequent to the approval of an Interim Scheme, to apply for a rectification

  1. ↑ Printed in Statutory Rules and Orders Revised, vol. 6, pp. 152-155.
  2. ↑ Printed in Statutory Rules and Orders Revised, vol. 6, pp. 155-160.
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