Sheriff Courts (Scotland) Act 1907

[F1 6 Action competent in sheriff court. S

[F2 Subject to section 8 of the M1 Domicile and Matrimonial Proceedings Act 1973 [F3 and Chapter III of Part I of the Family Law Act 1986].] Any action competent in the sheriff court may be brought within the jurisdiction of the [F4 sheriff principal]—

(a) Where the defender (or when there are several defenders [F5 over each of whom a sheriff court has jurisdiction in terms of this Act] where one of them) resides within the jurisdiction, or having resided there for at least forty days . . . F6 has ceased to reside there for less than forty days [F6 and has no known residence in Scotland]:

(b) Where the defender carries on business, and has a place of business within the [F7 jurisdiction], and is cited either personally or at such place of business:

(c) Where the defender is a person not otherwise subject to the jurisdiction of the courts of Scotland, and a ship or vessel of which he is owner or part owner [F8 or demise charterer] or master, or goods, debts, money, or other moveable property belonging to him, have been arrested within the jurisdiction:

(d) Where the defender is the owner or part owner or tenant or joint tenant, whether individually or as a trustee, of heritable property within the jurisdiction, and the action relates to such property or to his interest therein:

(e) Where the action is for interdict against an alleged wrong being committed or threatened to be committed within the jurisdiction:

(f) Where the action relates to a contract the place of execution or performance of which is within the jurisdiction, and the defender is personally cited there:

(g) Where in an action of furthcoming or multiplepoinding the fund or subject in medio is situated within the jurisdiction; or the arrestee or holder of the fund is subject to the jurisdiction of the court:

(h) Where the party sued is the pursuer in any action pending within the jurisdiction against the party suing:

[F9 (i) where the action is founded on delict, and the delict forming the cause of action was committed within the jurisdiction.]

(j) Where the defender prorogates the jurisdiction of the court.]

Textual Amendments

F1 S. 6 repealed by Administration of Justice Act 1956 (c. 46), s. 45(6) in relation to actions to which s. 45 of that Act applies

F2 Words inserted by Domicile and Matrimonial Proceedings Act 1973 (c. 45), s. 12(7), Sch. 4 para. 1

F3 Words inserted (S.) by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 3

F4 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F5 Words inserted by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), Sch. 1

F6 Words repealed by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), Sch. 1

F7 Words substituted by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), Sch. 1

F8 Words in s. 6(c) inserted (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 4 para. 13; S.S.I. 2010/249, art. 2 (with art. 3)

F9 S. 6(i) substituted by Law Reform (Jurisdiction in Delict) (Scotland) Act 1971 (c. 55), s. 1(2)(3)

Modifications etc. (not altering text)

C1 S. 6 repealed in part by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 20(3)

Marginal Citations

M1 1973 c. 45.