The Law and Practice of the Sheriff Courts of Scotland (Classic Reprint)

Download or read book The Law and Practice of the Sheriff Courts of Scotland (Classic Reprint) written by Thomas Alexander Fyfe and published by . This book was released on 2015-07-10 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Law and Practice of the Sheriff Courts of Scotland For three generations the lawyers trusted guide in mat of procedure was "M'Glashan's Sheriff Court Practice." After the passing of the Sheriff Courts Act, 1907, I was invited to edit a fifth edition of that work; but I found it impracticable to adapt the text of M'Glashan to the altered circumstances, for the last edition was then nearly half a century old. I accordingly reluctantly abandoned the attempt; but, in the present work, I have endeavoured to present, in a form familiar to the legal profession, a modern view of the Sheriff Court and its practice, which, within the last sixty years has been revolutionised by a series of statutes, including the Acts of 1853, 1876, 1877, 1907, and 1913. One important effect of legislation has been to place the practice of the Sheriff Court largely upon a statutory basis great many matters - in regard to which formerly the only guidance was obiter dicta - are now regulated by Statutory Rules of Procedure, so that a mass of authority quoted in earlier text-books is now obsolete. To a busy procurator seeking (often hurriedly), for guidance upon some point of procedure, there is, as I well know by experience, nothing more irritating than to be confronted with a block of authorities, which, on being consulted, are probably found to be obsolete, or only remotely in point. Direct decisions upon Sheriff Court practice are not numerous, and it frequently happens that a rubric is misleading, and does not disclose the procedure point at all, because the case itself was concerned with other matters, although, incidentally, opinions may have been expressed upon procedure. In this volume, it has been my special endeavour to avoid multiplication of references. If a matter is regulated by direct, unambiguous, statutory enactment, obviously there is no need for any further reference. If there is room for doubt, reference to authorities may be useful. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.