Scottish Court of Session Decisions

The question in this case was whether an interlocutor of the Sheriff granting warrant to the judicial manager of a farm which had been sequestrated to pay the rent due to the landlord, was an interlocutor which was appealable under the Sheriff Court Act 1853, sec. 24.

The interlocutor was as follows:—

“ Haddington, 30 th April 1874.—The Sheriff-Substitute having resumed consideration of this case, with the interim state of the intromissions of the judicial manager, approves of said state of intromissions so far as the judicial manager charges against the proceeds of the sales of the crop sequestrated the outlays made by him in labouring the farm in preparation for said crop. In respect the judicial manager has in his hands funds more than sufficient to meet the rent sequestrated for, due at the term of Candlemas last, Grants warrant to pay said rent to the petitioner, with the interest thereof, at the rate of £5 per centum per annum from the date at which the same became due till payment; appoints the judicial manager to state in his account of intromissions any bank interest he is paid or is charged with, and appoints this cause to be enrolled for further procedure when the whole sequestrated effects have been realized.

Note.—The Sheriff-Substitute would refer to his note to his interlocutor pronounced in the process of sequestration for the rent of the same lands for crop 1872, for a statement of the grounds on which he is of opinion that the cost of labouring the farm for crop 1873 falls to be charged against the proceeds of that crop, and also for the reason why he has ordered the judicial manager to add to his account of intromissions in this process any sums of bank interest he has received or been charged. The judicial manager having admittedly in his hands sufficient to pay the rent sequestrated for, due at the term of Candlemas last, an order for payment thereof has been granted.