Towns > Glasgow > 1828-1912 - Post-Office annual Glasgow directory > 1837-1838

57 Recovery of Small Debts.
If the defender fail to appear, after being cited personally, he will be
held as confessed, and judgment will be given against him.
If the defender has not been cited personally, he will receive a second
citation ; after which, whether given personally or not, he will be held
confessed, as above
But, when decree is given in absence against the defender, he may,
before the expiry 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 expenses decerned for, if the case be before the Sheriff.
The case will be adjourned, upon the pursuer or defender offering a
suitable excuse, or if any witnesses be absent.
If decree be given against the defender, in his personal presence,
diligence may proceed against him by arrestment, poinding and sale,
(and imprisonment, where the debt was contracted prior to 9th Sept.
1836,) after six free days, if the case be before the Sheriff, and at the
end of ten days, if before the Justices.
If decree be given against the defender in his absence, poinding, and
sale, and imprisonment, as above, can only follow after a charge of six
days, if before the Sheriff, and ten days if before the Justices.
The defender, on showing cause, may be allowed to pay the sums de-
cerned for by instalments.
The decrees of the Sheriff may be executed in any county on the same
being indorsed by the Clerk of such county.
Any arrestments, 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 absolvitor, or payment, or on consigning the sums
demanded, if before decree.
The above forms will apply to any action of forthcoming whatever,
before the Sheriff or Justices, 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 Court of Justiciary, at Edinburgh, on the
ground of corruption, or malice, or oppression, on the part of the Judge.
Such decrees, when pronounced by the Justices, will only be review-
able by a reduction before the Court of Session, on the ground of malice
and oppression on the part of the Justices ; and such reduction will only
be competent for one year, and finding caution for costs.
No person shall be exempted from the Jurisdiction of Justices or
Sheriffs in such cases by reason of privilege as a member of the College
of Justice.
Banking Houses.
Open from 10 till b o'clock, and on Saturday shut at 12.
ABERDEEN TOWN AND COUNTRY AND AYR BANKS,
Agents, Royal Bank, Royal Exchange Square.