Court of Session Act 1988
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Change 1
41 Interim possession, execution and expenses.
(1) On an appeal to the Supreme Court under section 40 of this Act, a copy of the petition of appeal shall be laid by the respondent before the Inner House which may regulate all matters relating to interim possession, execution and expenses already incurred as it thinks fit, having regard to the interests of the parties to the cause as they may be affected by the upholding or reversal of the judgment against which the appeal has been taken. (2) It shall not be competent by appeal to the Supreme Court in respect of regulations made under subsection (1) above to stop the execution of those regulations; but when the Supreme Court hears the appeal under section 40 of this Act, it may make such order or give such judgment respecting any matter which has been done or taken place in pursuance or in consequence of the regulations as it thinks fit.
41 Interim possession, execution and expenses.
(1) On an appeal to the Supreme Court under section 40 of this Act, a copy of the petition of appeal shall be laid by the respondent before the Inner House which may regulate all matters relating to interim possession, execution and expenses already incurred as it thinks fit, having regard to the interests of the parties to the cause as they may be affected by the upholding or reversal of the judgment against which the appeal has been taken. (2) It shall not be competent by appeal to the Supreme Court in respect of regulations made under subsection (1) above to stop the execution of those regulations; but when the Supreme Court hears the appeal under section 40 of this Act, it may make such order or give such judgment respecting any matter which has been done or taken place in pursuance or in consequence of the regulations as it thinks fit.
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