The Law And Practice of the Sheriff Courts of Scotland

Cover The Law And Practice of the Sheriff Courts of Scotland
The Law And Practice of the Sheriff Courts of Scotland
Thomas Alexander Fyfe
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114, s. 10-15, Forgie v. Stewart & Macdonald, Sch. II. -X. 1876, 3 R. 1149. Hay v. Buchanan, 1823, 2 S. Mackenzie r. Balerno Paper 412. Company, 1883, 10 R. 1147. Morrison v. Cuthbert, 1835, 13 Macdonald v. Mackessack, S. 772. 16 R. 168. 1177. The remedy of a defender imprisoned under a decree ad factum prastandum is to apply in the Court of Session for suspension and liberation. Meanwhile the incarcerating pur- suer must provide for his aliment, unless the prisoner is able to aliment himself, ...or the defender is in prison because he will not do what it is within his power to do. If the prisoner cannot aliment himself, and the incarcerating creditor refuses to do so, the prisoner may apply to the Sheriff, who may award him aliment, and upon this question the Sheriffs decision is final. 1692 c 32 Act of Sederunt, 12th Nov. , 6 Geo. IV. C. 62. 1825, II. (4). 7 & 8 Vict. C. 34, s. 13. Anderson v. Dingwall Magis- 23 & 24 Vict, c. 105. S. 76. Trates, 1823, 2 S. 116. 40 & 41 Vict.

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