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LOCAL INSTITUTIONS— LAW. 65
NOTARIES' FEES FOR PROTESTING BILLS,
as fixed by act of sederunt op the lords of council and session, of
6th March, 1833.
Noting not exceeding £8 6 8
Above and not exceeding 25
Above 25
WHEN PROTEST EXTENDED.
Not exceeding £8 6 8
Above and not exceeding 25
Above £25 and not exceeding 100
Above 100
Foreign bills not exceeding 5
Above and not exceeding 25
Above and not exceeding 100
Above 100
Noting fees not to be charged if protest afterwards extended. If Notary travels
beyond the town he resides in, allowed an additional charge of 3s. each mile, which
shall include his travelling charges.
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FORM OF PROCEEDING IN THE RECOVERY OF SMALL DEBTS.
Debts may be recovered in a summary manner before the Justice of Peace Court, to
the extent of £5 ; and before the Sheriff Courts, to the extent of £8. 6s. 8cL
The first step is set forth in a complaint or libel, agreeably to a prescribed form,
(the Clerks of Court^ will provide the necessary forms,) the origin of the debt, or
ground of action ; and to cause the same, with a copy of the account, if any, to be
served on the defender.
A warrant will, at the same time, be obtained to cite witnesses.
The parties may appear either by themselves or by members of their families, or
others whom the Court may authorise; but in no case by persons practising the pro-
fession of the law, without special leave of the Court on cause shown.
If the defender fail to appear, after being cited, he will be held as confessed, and
judgment will be given against him.
But, when decree is given in absence against the defender, he may, before the ex-
piry of the charge, apply for a rehearing, on consigning the sums decerned for.
If decree in absence be given against the pursuer, he may, within one month,
obtain a rehearing, on consigning 2s. 6d., if the case be before the Justices ; and the
expense decerned for, with 5s. to meet further expenses, if the case be before the
Sheriff.
The case will be adjourned upon the pursuer or defender offering a suitable excuse,
or if any witness be absent.
If decree be given against the defender in his personal presence, diligence may pro-
ceed against him by arrestment instantly ; and by poinding and sale, at the end of ten
days, before the Sheriff; and poinding and sale instantly, before the Justices.
If decree be given against the defender in his absence, poinding and sale, as above,
can only follow after a charge of ten days.
The defender, on showing cause, may be allowed to pay the sums decerned for by
instalments.
The decrees of the Sheriff and of the Justices may be executed in any county, on
the same being indorsed by the Clerk of such county.
Any arrestment used in cases before the Sheriff must be used within sixty days after
the warrant is obtained, and renewed every three months; and such arrestments may
be loosed, on offering sufficient caution, or on showing evidence of absolvitur, or pay-
ment, or on consigning the sums demanded, if before decree.
The above forms will apply to any action of forthcoming whatever, before the Sheriff,
for making effectual arrestments ; but in such actions, both the defender and arrestee
must be cited to appear in Court on the same day.
Decrees, pronounced in this summary form by the Sheriff, will only be reviewable
by the next Circuit Court of Justiciary ; or, if there be no Circuit Court, by the High

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