APPENDIX No. IX. SHORT FORM OF SUMMONS. In the Court of Session... .(year). • Here insert seven if the defender is on Scotland; or "ten," if the (annual serial number).. A.B. (full designation as in present form) PURSUER ; against C.D. (full designation as in present form, including where necessary capacity in which Defender is sued, and nature of decree, as joint or joint and several, etc.) DEFENDER. GEORGE V., by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, TO the said C.D. Whereas by the present Summons the PURSUER asks that decree be given against YOU in terms of the Conclusions appended hereto, WE THEREFORE CHARGE YOU that, if you have any good reason why such decree should not be given, you cause appearance to be entered on your behalf within... * days of the service upon you of this Summons, and defences to be the mainland of lodged within fourteen days of the said service; and take warning that, if appearance is not so entered on your behalf, or if defences Orkney or Shet- are not so lodged, the PURSUER may proceed and decree may be given in your defender is in land or in any of the Islands of Scotland, or if he is furth of Scotland. absence. Warrant for (arrestment to found jurisdiction or for diligence on the dependence, or both, as required). (Signed) M.N. (name and address of pursuer's law-agent). CONCLUSIONS. (The following are suggested as specimens.) 1. Action for Payment. For payment to the pursuer of the sum of £1000 sterling, with interest thereon at the rate of five per centum per annum from the........day of ... ..until payment. M APPENDIX No. IX.-continued. 2. Action of Damages. For payment to the pursuer of the sum of £1000 sterling. 3. Action of Declarator. For declarator (state declarator asked as in present practice). 4. Action of Count Reckoning and Payment. For count and reckoning with the pursuer for the defender's intromissions with (describe fund or estate), and for payment to the pursuer of the balance found due to him, or otherwise of the sum of £10,000 sterling. 5. Action of Reduction. For production and reduction of (specify deed to be set aside). 6. Action of Proving the Tenor. For declarator that (the lost deed) was of the tenor following (set forth the terms of the lost deed), and that the decree to be pronounced herein shall be equivalent to the original deed. 7. Action of Multiplepoinding. For distribution among the claimants of (describe the fund in medio). 8. Action of Exoneration and Multiplepoinding. For exoneration of (the trustees) and for distribution of (describe the fund in medio) among the claimants thereto. 9. Action of Divorce for Adultery. For divorce of the defender on the ground of his (or her) adultery with (the co-defender). 10. Action of Divorce for Desertion. For divorce of the defender on the ground of his (or her) wilful desertion of the pursuer. 11. Action of Separation and Aliment. For separation from the pursuer a mensa et thoro, and for payment to the pursuer of (specify the aliment) as aliment so long as the spouses remain separate. 12. Action of Suspension. For suspension of (specify the decree, diligence, or other proceedings). APPENDIX No. IX.-continued. 13. Action of Suspension and Interdict. For interdict against (specify persons and acts to be restrained). 14. Action of Damages in respect of a Maritime Collision. For payment to the pursuer of the sum of £5000 sterling in respect of the collision between (the pursuer's ship) and (the defender's ship) on or about (date), to which the Preliminary Act for the pursuer lodged herewith refers. NOTE. The backing of the Summons should be part of the printed form issued in blank by the Office of Court, and should be as follows: In the Court of Session. (year).. (annual serial number). Action (for payment, or of declarator, etc., as the case may be). A.B. (full name without designation) PURSUER; against C.D. (full name without designation) DEFENDER. M.N. (name of pursuer's law-agent). APPENDIX No. X. RECLAIMING PROCEDURE. (A). PRESENT RECLAIMING PERIODS. 1. Twenty-one days. (1) Interlocutors disposing of the whole cause. (Court of Session Act, 1825, 6 Geo. IV c. 120, §§ 5 and 18; Court of Session Act, 1850, 13 and 14 Vict. c. 36, § 11; Court of Session Act, 1868, 31 and 32 Vict. c. 100, § 53.) (2) Decrees in absence. (Court of Session Act, 1850, 13 and 14 Vict. c. 36, § 11.) (3) Decrees by default. Practice, p. 949.) (See Maclaren's Court of Session (4) Petitions under the Conjugal Rights Act, 1861, for grant or recal of a protection order. (24 and 25 Vict. c. 86, § 3.) 2. Fourteen days. (1) Bill Chamber Interlocutors. (2) Petitions to nobile officium of Court in Vacation. (4) Bankruptcy proceedings. (Bankruptcy (Scotland) Act, (5) Petitions for appointment of a Judicial Factor under the Bankruptcy Act. 3. Ten days. (1) Petitions for recal of arrestment and inhibition. (Personal Diligence Act, 1838, 1 and 2 Vict. c. 114, § 20; Titles to Land Act, 1868, 31 and 32 Vict. c. 101, § 158-Modified by Act of Sederunt, 14th March 1894-C.A.S., D. i. 4-as regards Reclaiming Notes in Vacation.) (2) Decrees for expenses as taxed. 4. Ten days from leave and within twenty-one days of Interlocutor reclaimed against. Interlocutors disposing in part of the merits of the cause. APPENDIX No. X.-continued. 5. Ten days from leave and from Interlocutor reclaimed against. All Interlocutors which do not dispose in whole or in part of the merits of the cause-except Interlocutors as to the method of proof. (Court of Session Act, 1850, 13 and 14 Vict. c. 36, § 11; Court of Session Act, 1868, 31 and 32 Vict. c. 100, § 54.) 6. Eight days. (1) Petitions allocated to Junior Lord Ordinary under the Distribution of Business Act, 1857. (20 and 21 Vict. c. 56, § 6; C.A.S., D. i. 4.) (2) Petitions under the Trusts Acts. (Trusts (Scotland) Act, 1921, 11 and 12 Geo. V c. 58, § 26.) (3) Petitions under the Presumption of Life Limitation Act. (54 and 55 Vict. c. 29, § 12.) 7. Six days. (1) Interlocutors allowing or refusing proof or approving issues. (Court of Session Act, 1868, 31 and 32 Vict. c. 100, § 28; C.A.S., C. ii. 5.) (2) Motion to vary issues. (C.A.S., F. i. 2.) NOTE.-In addition to the above there are: (a) Applications to the Inner House for a new trial or bills of exception which are regulated by C.A.S., F. iii. 5, 6, and must be taken within ten days of the trial, or within six days of the meeting of the Court if the trial has been at sittings in Vacation or Christmas recess. (b) Reponing Notes under section 16 of the Court of Session Act, 1808, 48 Geo. III c. 50, and C.A.S., A. iii. 17. (B) PROVISIONS OF STATUTES AND ACTS OF SEDERUNT AFFECTED BY THE SUGGESTED NEW PROCEDURE. 1. Form of Reclaiming Note and procedure thereon. (1) Court of Session Act, 1868, 31 and 32 Vict. c. 100, § 51; and (as to transmission of process), § 53. (2) C.A.S., D. i. 1 and 2. (3) Act of Sederunt-27th October 1922. (4) Court of Session Act, 1825, 6 Geo. IV c. 120, § 18 (printing and boxing). |