Search -
Styles of writs and forms of procedure, in the Church courts of Scotland
Styles of writs and forms of procedure in the Church courts of Scotland Author:John Cook Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: JUDICIAL PROCEDURE. While it is considered necessary to give the following forms under this head, they are not to be deemed so essential as that no case can b... more »e rightly conducted unless they are rigidly adhered to; far less are they intended to do away or to interfere with those duties which belong to the kirk-session as a court of conscience. The grand end of church discipline being to bring offenders to a proper sense of their guilt, so that the soul may be saved in the day of the Lord, and to promote the spiritual edification of the people in general, a session must always consider themselves called upon to use those means in every particular case most likely to effect this great object. For full and clear directions as to the subjects of discipline, and the course to be followed towards them, see Form of Process, from ch. ii. to vii.; Act of Assembly 1707, sess. 11. I.—CITATION OF PARTIES. Process may be instituted before kirk-sessions either at the instance of a party complaining, or by order of the judicatory. A verbal citation by the beadle is the method usually adopted in summoning the party accused, and, generally speaking, is all that is necessary. But in certain cases it may be proper to give a written citation to the party to appear before the kirk- session. And when the process is grounded upon a written petition or information, a copy of these writings should be served. A simple warrant of citation may be issued, bearing the title of the court to which the party is to be cited, the name of the pursuer (if the action be not instituted by the court itself), the ground of the action, and the time and place where compearance is to be made.1 This warrant runs in name of the court, is addressed to its officers, and directs them to summon the party accused. It may b...« less