to be laid out in Appearance and Hearing to be borne, either by such Party, or by the Heir applying for such Sale, either out of the Price of the Lands to be so sold, or otherwise as to the said Court shall seem just. XV. Provided always, and be it enacted, That if any Surplus Any Surplus exceeding Two hundred Pounds shall remain of the Price of the exceeding 2001. Lands and Heritages so sold, after defraying such Expences, Purchase of Debts, Obligations, or Burdens directed to be paid as aforesaid, other Land, to be the said Judges of the said Court in either of the Divisions Uses, &c. as thereof shall and they are hereby empowered and required to direct and order that such Surplus shall be laid out and employed in the Purchase of other Lands or Heritages, which shall be limited and settled to the same Uses and Purposes, and under the like prohibitory, irritant, and resolutive Clauses, as by the Deed of Entail in relation to which such Proceedings have been held the Lands and Heritages therein described stand limited and settled. limited to same Lands sold; to be framed at XVI. And be it enacted, That when such Surplus shall be and the Deed of laid out and employed in the Purchase of other Lands or Heri- Entail thereof tages to be settled as aforesaid, the Disposition, Deed, or Settle- the Sight of the ment of Entail thereof to or in favour of the Heir of Entail in Court of SesPossession for the Time being, and the other Heirs of Entail sion; entitled to succeed to the Entailed Estate to which the Lands or Heritages so purchased are to be added, shall be framed at the Sight and with the Approbation of the Judges of the said Court, and shall be so framed as to bind the Heir in Possession or Person in whose Favour the same is executed as well as the succeeding Heirs of Entail. XVII. And be it enacted, That after such Disposition, Conveyance, or Entail shall be so made and executed the same shall be directed by the said Judges to be forthwith recorded in due Form in the Register of Tailzies, for the Benefit of all the Persons interested therein, and Infeftment shall be taken by virtue of the Procuratory of Resignation or the Precept of Sasine therein contained, and shall be registered agreeably to the Forms and Practice of the Law of Scotland, upon all which the said Court shall interpose its Authority by declaring that the Directions by this Act given have been complied with according to the true Intent and Meaning thereof. and recorded in Register of Tailzies, &c. till invested in Land. XVIII. And be it enacted, That until such Surplus as afore- Application of said shall be applied in the Purchase of other Lands or Heritages surplus Monies as aforesaid, the said Judges shall order and direct that the same shall remain in one or other of the aforesaid Banks respectively, subject to the Direction of the said Judges of that Division of the said Court to which Application shall have been originally made, in the Name of such Person or Persons as they shall have appointed, who shall receive the highest Interest which can be got for the same; and the Interest arising from the Money so paid in shall be laid out in the Name or Names of such Persons as aforesaid, and shall annually accumulate and be added to the Principal Sum so that they may carry Interest together until a proper Purchase in Lands or Heritages shall be found, to be [No. 23. Price 2d.] limited If under 2007. to be paid to Heir in Possession. Definition of Terms used in the Act. How Notices to be given of Applications under this Act to Court of Session, &c. 5&6W. 4. c 62. limited and settled in the Manner herein-before directed, and until the same shall be ordered to be paid by the Treasurer, Cashier, or Manager or other proper Officer of the Bank of Scotland, the Royal Bank of Scotland, Bank of the British Linen Company of Scotland, Commercial Bank of Scotland, or National Bank of Scotland respectively, for completing the said Purchase in such Manner as the said Court shall think just and direct; and if the Money arising by the Principal and accumulated Interest of such Sum or Sums shall exceed the Amount of the original Purchase Money, then and in that Case only the Surplus which shall remain, after discharging the Expence of the Applications to the Court, shall be paid to the Person or Persons respectively who would have been entitled to receive the Rents and Profits of the Entailed Lands or Heritages. XIX. And be it enacted, That if such Surplus as aforesaid shall be under Two hundred Pounds Sterling, the same shall be paid, by Order of the said Court, to the Heir in Possession of such Entailed Estate for the Time being. XX. And be it enacted, That any Matter or Thing permitted or prohibited to be done by any Heir of Entail by virtue of this Act is and shall be permitted or prohibited to be done by any Trustees or Trustee holding Lands in Trust under Obligations to entail the same; and that where the Words "Heir" or "Heirs of Entail" are used in any Part of this Act, such Word or Words shall be held and construed to include the Institute equally as any Substitute Heir of Entail. XXI. Provided always, and be it further enacted, That Notice of all Applications, either to the Court of Session or any Lord Ordinary of the said Court, or to any Sheriff of any County, under the Provisions of this Act, by any Heir of Entail, shall be inserted once at least in the London and Edinburgh Gazettes, and in Two or more Newspapers published in Edinburgh and usually circulated in the Part of Scotland in which the Entailed Lands and Estates to which such Application relates lie, and also in any One Newspaper published (if any so be) in such Part of Scotland at least Three Months previous to the making such Application; and where such Application shall be to the Court of Session, the said Court or the Lord Ordinary shall, if they or he shall see Cause, cause such further Intimation thereof to be made in the Minute Book of the said Court or on the Walls of the Parliament House, or otherwise, as the said Court or Lord Ordinary shall think proper. CAP. XLIII. An Act to provide for the taking of Judicial Ratifications of Scottish Deeds on Oath as heretofore. [28th July 1836.] WHEREAS an Act was passed in the Fifth and Sixth Year of the Reign of His present Majesty, intituled An • Act to repeal an Act of the present Session of Parliament, in • tituled "tituled "An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, • and to substitute Declarations in lieu thereof, and for the moré • entire Suppression of voluntary and extra-judicial Oaths and 'Affidavits;" and to make other Provisions for the Abolition of • unnecessary Oaths: And whereas by the said recited Act it is enacted, that from and after the Commencement thereof it 'should not be lawful for any Justice of the Peace or other • Person to administer or cause or allow to be administered, or to receive or cause or allow to be received, any Oath, Affidavit, or solemn Affirmation touching any Matter or Thing < whereof such Justice or other Person hath not Jurisdiction or Cognizance by some Statute in force at the Time being: And whereas by the Law and Practice of Scotland Judicial Ratifications by Married Women upon Oath are Acts of • voluntary Jurisdiction which may be proceeded in before any Judge: And whereas the said recited Act may be construed to apply to the Oaths taken in such Ratification, and it is expedient that such Law and Practice should not be affected or • rendered doubtful:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That nothing in the said recited Act contained shall prevent Nothing in reor be construed to prevent the taking of Oaths in Judicial Ra- cited Act to tifications by Married Women as the same might by the Law ing of Oaths by and Practice of Scotland have heretofore been taken, nor shall Married Women in Judicial any thing in the said recited Act contained invalidate or be conRatifications, as strued to invalidate any such Ratification on Oath taken accordheretofore. ing to such Law and Practice since the Commencement of the said recited Act; and every such Ratification taken under a Declaration since the passing of the said recited Act shall be of the same Force and Effect as if such Ratification had been taken on Oath. CAP. XLIV. An Act to continue the Laws for the Relief of Insol- WHEREAS an Act was passed in the Seventh Year of the prevent the tak Reign of His late Majesty King George the Fourth, intituled An Act to amend and consolidate the Laws for the Relief 7 G. 4. c. 57. of Insolvent Debtors in England: And whereas a certain other •Act was passed in the First Year of the Reign of His present Majesty, intituled An Act to continue and amend the Laws for 1 W. 4. c. 38. the Relief of Insolvent Debtors in England, whereby, amongst ' other things thereby enacted, the said first-mentioned Act was ⚫ continued for a certain Time therein mentioned: And whereas ⚫ a certain other Act was passed in the Second Year of the Reign Z 2 • of 2 W. 4. c. 44. ' of His present Majesty, intituled An Act to continue for Three • Years, and to amend, the Laws for the Relief of Insolvent • Debtors in England: And whereas it is expedient to continue the said Acts: Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent altered this Ses- of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Acts shall be and the same are hereby continued. Recited Acts continued. Act may be sion. Term of Act. 2 & 3 W. 4. c. 120. 4 & 5 W. 4. c. 60. II. And be it further enacted, That this Act or any Part thereof may be altered, varied, or repealed by any Act or Acts to be passed in this present Session of Parliament. III. And be it further enacted, That the said recited Acts and this Act shall continue in force until the First Day of June One thousand eight hundred and thirty-seven, and from thence until the End of the then next Session of Parliament. 6 6 CAP. XLV. An Act to transfer the Collection and Management the the Care and Management of the said Commissioners of Stamps and of the said Commissioners for the Affairs of Taxes respectively: And whereas it is expedient to transfer the Collection and Management of the said Duties on Horses let for Hire, and on Licences relating to the same, from the said Commissioners of Stamps and Taxes to the Commissioners of Excise ;' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the From 31st Thirty-first Day of January One thousand eight hundred and January 1837 thirty-seven the Care and Management of the Rates and Duties Management of granted and made payable by the said first-recited Act in and the Duties on throughout Great Britain for and in respect of every Horse let Hire, and on for Hire, and every Licence relating to the same, and mentioned Licences relatand described in the said Schedule (A.) to the said Act annexed, ing to the shall be and the same are hereby transferred from the Commis- same, transsioners of Stamps and Taxes to the Commissioners of Excise in the CommisGreat Britain for the Time being; and the said Rates and Duties sioners of Stamps and shall thenceforth be denominated and deemed to be Duties of Taxes to the Excise, and shall be raised, levied, collected, and paid and ac- Commissioners counted for by and under the Authority, Care, and Management of Excise. of the said Commissioners of Excise. II. And be it further enacted, That all the Powers, Provisions, Regulations, and Directions contained in the said first-recited Act shall be executed and enforced by the Commissioners of Excise and their Officers respectively, for securing and collecting the said Duties, as fully and effectually as if such Powers, Provisions, Regulations, and Directions had been originally given to the said Commissioners of Excise and their Officers respectively, and as if the same were repeated and re-enacted in this Act, and that all the Powers, Provisions, Regulations, and Directions, Forfeitures, Pains, and Penalties contained in and imposed by the said Act, and all the Provisions, Powers, Regulations, and Directions, Forfeitures, Pains, and Penalties contained in and imposed by any Act or Acts in force immediately before the passing of this Act, in relation to any of the Duties of Excise, so far as such last-mentioned Provisions, Powers, Regulations, Directions, Forfeitures, Pains, and Penalties shall be applicable to the said Duties on Horses let for Hire, or on Licences relating to the same, and so far as the same shall not be inconsistent with the special Powers, Provisions, Regulations, and Directions, Forfeitures, Pains, and Penalties contained in the said first-recited Act, shall be of full Force and Effect, and shall be applied and put in execution for securing, collecting, recovering, and paying the said last-mentioned Duties, and for preventing, detecting, and punishing all Frauds, Forgeries and other Offences relating thereto, as fully and effectually to all Intents and Purposes as if such Powers, Provisions, Regulations, and Directions, Forfeitures, Pains, and Penalties were repeated and specially enacted in this Act; and wherever in the said first-recited Act the Head Office for Stamps, or the Solicitor of Stamps in England or Z 3 Scotland the Care and Horses let for ferred from Powers, &c. of 2 & 3 W. 4. c. 120. to be executed by the CommisExcise, and Powers, &c. of Excise Acts Force for collecting the Duties trans sioners of to be of full ferred. |