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Subject_1 Expenses Subject_2 Taxation Subject_3 Preparation for Proof Subject_4 Tender —Acceptance of Tender — General Regulation (No. 3) Appended to A.S. 15th July 1876. Facts: An action raised in the Sheriff Court was, after proof had been allowed, appealed to the Court of Session for jury trial. An order for issues was thereafter pronounced, but before further procedure a tender was made by the defenders and accepted, the sum tendered being decerned for with expenses.
Held (after consultation with the Judges of the Second Division) that the defenders were liable for the expenses of precognitions and medical reports obtained by the pursuer while the case was still in the Sheriff Court, and charged on the Sheriff Court scale.
Church v. Caledonian Railway Company , December 22, 1883, 11 R. 398, 21 S.L.R. 268, overruled .
The Auditor having lodged his report the defenders, on 27th January 1913, lodged a note of objections thereto, in respect that he (the Auditor) had allowed various items therein specified, amounting in all to £12, in respect of precognitions and medical reports taken while the case was still in the Sheriff Court and charged on the Sheriff Court scale.
The note was heard in the Single Bills of 6th February before a Court consisting of the Lord President, Lord Johnston , and Lord Mackenzie .
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Common Room
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