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Advocation

court and session

ADVOCA'TION, a form of process in the law of Scotland, to remove a cause from an inferior court to the supreme court, either for the purpose of review, or that the cause might be conducted in the court of session. Final judgments of inferior courts were brought under review of the court of session by lodging a written note of A. with one of the depute-clerks of session or his assistant (1 and 2 Viet. c. 86). A certified not ice of this proceeding put a stop to all further steps in the original cause. Caution used to be found for the expenses incurred, or which might be incurred, in the court of session. See CAU TION and JURATORY CAUTION. As a rule, A. was competent unless debarred by statute or confirmed practice; but no cause was advocated unless exceeding the value of .,C25 (16 and 17 Viet. c. 80, s. 22). A, was incompetent in actions limited to particular courts by express statute, e.g., by the small debt acts, road acts, etc. Every case in which the elaim exceeded

£40 might he removed into the court of session, so soon as an order allowing a proof had been pronounced, should either party be of opinion that it ought to he tried by jury. The process of advoeation was abolished in 1868, and all similar proceedings are now called appeals from the sheriff court, and it is not now necessary for the appellant to find caution for expenses before taking or prosecuting his appeal. This appeal cannot be taken after six months from the date of final judgment. It may be taken within twenty days after judgment, and thereafter may be taken up to six months, provided the decree has not been in the meantime extracted or implemented (31 and 32 Viet. c. 100, s. 64).