Lord Ordinary on the Bills at the Commencement of the ensuing Session, the Cause shall be re-transmitted and enrolled before the Inner House, which may give Judgment therein as if it had been enrolled or had continued without Interruption before the Inner House. XI. And be it enacted, That where a Summons of Cessio Proceeding bonorum is raised before the Court of Session the Debtor shall in Cases publish a Notice in the Edinburgh Gazette, intimating that the the Court of originating in said Summons has been raised, specifying in which Division of Session. the Court it is to be enrolled, and requiring all his Creditors to appear within Thirty Days from the Date of the said Gazette Notice; and he shall also send Letters through the Post Office (paying the Postage thereof) to each of the Creditors specified in the Summons to the same Effect, or, in his Option, cite them in Terms of Law; and on or before the Sixth lawful Day prior to the Expiration of the said Thirty Days he shall lodge, to be patent to all concerned, a State of his Affairs subscribed by himself, and all his Books, Papers, and Documents relating to his Affairs, in the Hands of the Clerk to the Process, together with a Copy of the said Gazette; and if the Letters have been sent through the Post Office he shall produce a Certificate subscribed by his Agent, or by a Messenger or Sheriff Officer and a Witness, stating the Date and the Place where the Letters were put into the Post Office, that the Postage was paid, and that they were severally addressed as specified in the Summons, or an Execution subscribed by a Messenger and One Witness of Citation of the Creditors to whom such Letters have not been so sent. XII. And be it enacted, That on Expiration of the said Thirty Days the Process shall forthwith be enrolled in the Rolls of the Division of the Inner House, specified in the said Notice, without the Necessity of being called or enrolled in the Outer House; and it shall be competent to the Inner House to remit to the Sheriff of the County in which the Debtor's Domicile is, to take his Examination in Presence of his Creditors, and for that Purpose on a Day appointed the Debtor shall appear in Presence of the Sheriff, who shall have Power to put him on Oath or Affirmation (as the Case may be), and the Debtor shall be bound to answer all pertinent Questions put to him, under Certification that if, without lawful Cause, he refuse to be put on Oath or Affirmation, or to answer any such Question, or to subscribe his Examination, Decree of Cessio shall be refused in hoc statu; and the Sheriff shall thereupon report to the said Inner House, who may either grant Decree or refuse the same in hoc statu, or grant it subject to a Declaration that it shall not be extractable or available as a Protection to the Debtor for such Time as shall appear proper, or issue such other Orders as may be necessary for the due Administration of Justice. Court of remit to the thereupon, and report. on the Bills may judge on XIII. And be it enacted, That if the Court of Session be Lord Ordinary not sitting at the Time when the said Report has been made by the Sheriff, the Cause may be enrolled in a Roll to be kept for the Report Cc 2 that during Vacation or Christmas Recess. Judgment of the Lord Ordinary on the Bills subject to Review. Power to that Purpose in the Bill Chamber, and the Lord Ordinary on the Bills shall, on a Day to be specified in that Roll, hear Parties vivá voce and pronounce Judgment; and if the Court of Session be sitting when the Report of the said Examination is made, but the Proceedings cannot be brought to a Termination before the Expiration of the Session, or before the Commencement of the Christmas Recess, the Inner House may remit the Cause to the said Lord Ordinary to proceed therein during Vacation or the Christmas Recess in the same Way as if the Cause had been enrolled in the Bill Chamber in manner above provided; and if the Proceedings have in any Case not been brought to a Termination before the Lord Ordinary on the Bills at the Commencement of the ensuing Session, the Cause shall be enrolled before the Inner House, which may give Judgment therein as if it had been enrolled, or had continued without Interruption before the Inner House; and for the Purposes of this Act the Lord Ordinary on the Bills shall possess, during the Vacation and the Christmas Recess, the Powers competent to the Inner House during Session; but his Judgment shall be subject to Review in manner herein-after mentioned. XIV. And be it enacted, That it shall be competent for any Person aggrieved by any Judgment pronounced by the Lord Ordinary on the Bills to bring the same under the Review of the Inner House by a reclaiming Note, provided the Note be lodged within Ten Days after the Date of the Judgment, and duly intimated to the Agent of the Respondent, and the Inner House shall proceed with all Despatch to hear Parties vivá voce thereon, and may give Judgment as aforesaid, or issue such other Orders as may be necessary for the Purposes of Justice. XV. And be it enacted, That if the Debtor be in Prison it shall be competent for the Inner House during Session, and for the Lord Ordinary on the Bills during the Vacation or the Christmas Recess, whether the Case has been originally instituted in the Court of Session or before the Sheriff (provided that it be under Review of the said Court), and for the Sheriff, where the Petition has been presented to and is depending before him on Production of a Copy of the said Gazette containing the Notice aforesaid, and of the Certificate of Transmission of the Letters or Execution of Citation, to grant Warrant to liberate the Debtor, and if the Debtor is not in Prison to grant Warrant for his personal Protection against the Execution of Diligence for such Space of Time as shall be proper; provided that before any such Warrant be issued the Debtor shall lodge with the Clerk of Court a Bond with a sufficient Cautioner, binding themselves that he shall attend all Diets of Court whenever required under such Penalty as may be reasonable, and which, if forfeited, shall be divided among the Creditors; and it shall be competent for the Inner House, or the said Lord Ordinary, or the Sheriff respectively, in all Cases to grant Warrant to bring the Debtor before them for Examination, and also to carry him back to Prison; and such Warrant, as well as the Warrant of Liberation and the Warrant of personal Protection, shall be good and lawful Warrants Warrants in all Parts of Scotland to the Effect therein specified; rum to be XVI. And be it enacted, That the Decree pronounced by the Decree to Inner House, or by the Lord Ordinary on the Bills, or by the operate as an Assignation to Sheriff, granting the Benefit of Cessio bonorum, shall operate as Creditors, or an Assignation of the Debtor's Moveables in favour of any Disposition Trustee mentioned in the Decree for Behoof of the Creditors: omnium bonoProvided always, that it shall be optional to the Creditors to granted. require the Debtor to execute a Disposition omnium bonorum, as has been hitherto granted in Processes of Cessio before the Court of Session, in favour of the Trustee, the Expence of which Deed shall be paid out of the readiest of the Funds thereby conveyed. hoc statu. XVII. And be it enacted, That if the Decree of Cessio be Provision refused in hoc statu either by the Court of Session or the Sheriff, where Decree the Debtor may at any Time thereafter, without the Necessity of refused in raising any new Summons or presenting any new Petition, apply to have Decree of Cessio pronounced in his Favour; and if the Decree has, on Review by the Court of Session, been refused in hoc statu, the Debtor may either apply to that Court for Decree, or present a new Petition to the Sheriff, in which latter Case Proceedings shall take place as if no former Petition had been. presented, and the Debtor shall in all Cases of a renewed Application give Notice thereof in such Manner as shall be appointed either by the Court of Session or Sheriff respectively. abolished. proved if XVIII. And be it enacted, That it shall not be lawful to Dyvours Habit ordain the Debtor to wear the Dyvours Habit; and he shall be required to prove his Insolvency (if the same shall be denied) as by Law presently established; and he shall be bound to make Oath to be Oath or Affirmation, in Cases before the Sheriff as well as in taken, and those before the Court of Session, in the same Terms as the Insolvency Oath hitherto administered in Processes of Cessio in the Court denied. of Session; and an Act of the Parliament of Scotland, passed in the Year Sixteen hundred and ninety-six, intituled An Act for Act of 1696. declaring notour Bankrupts, shall be and is hereby repealed in c. 5. in part so far as the said Act bears that "the Lords of Session are repealed. hereby discharged to dispense any Bankrupt as to the Habit, unless in the Summons and Process of Cessio the Bankrupt's failing through Misfortune be libelled, sustained, and proven.' House of XIX. And be it enacted, That nothing herein contained shall Regulation of exclude an Appeal to the House of Lords against the Judgment Appeals to the of the said Inner House, either granting or refusing Decree of Lords. Cessio: Provided always, that the Petition of Appeal be lodged within Ten Days from the Date of the Judgment during the Sitting of Parliament, if it shall continue to sit for so many Days, and if Parliament be not sitting, or, if sitting, there be not so C c 3 many No Fee Fund Dues on Government Duties exigible. Court of Session Agents may practise in Sheriff Courts. Act may be repealed this Session. Laws in force British Subjects in adjacent Territories. Governors may address Commissions to Persons to act as Magistrates 6 & 7 W. IV. many Days, then the Petition of Appeal shall be presented within Six Days after the next Session of Parliament shall have met. XX. And be it enacted, That no Fee Fund Dues shall be exigible in respect of any of the Proceedings mentioned in this Act, nor shall any Stamp Duty or other Government Duty be eligible in respect of any Notices or Advertisements authorized by this Act to be inserted in the Edinburgh Gazette, nor in respect of any Disposition which the Debtor shall be ordained to execute in Terms of this Act; any Law or Statute to the contrary notwithstanding. XXI. And be it enacted, That it shall be lawful for all Agents duly qualified to practise before the Court of Session to practise as Agents in all Sheriff Courts in so far as relates to any of the Proceedings which are authorized by this Act to be carried on before the Sheriff; provided that they shall not be entitled to Payment of any other or higher Fees than those legally exigible by other Agents before such Courts. XXII. And be it enacted, That this Act may be repealed, altered, or amended by any Act or Acts passed during the present Session of Parliament. CAP. LVII. An Act for the Prevention and Punishment of Offences to the Colony of the Cape of Good Hope to the South'ward of the Twenty-fifth Degree of South Latitude being in ⚫ an uncivilized State, Offences against the Persons and Property of such Inhabitants and others are frequently committed by His Majesty's Subjects within such Territories with Impunity;' for Remedy thereof be it 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 the Laws which are now or which shall hereafter be in force in the Colony of the Cape of Good Hope for the Punishment of Crimes therein committed shall be and the same are hereby extended and declared applicable to all His Majesty's Subjects within any Territory adjacent to the said Colony and being to the Southward of the Twenty-fifth Degree of South Latitude, and that every Crime or Offence committed by any of His Majesty's Subjects within any such Territory in contravention of any such Laws shall be cognizable in any such Courts, and shall be inquired of, tried, and prosecuted, and on Conviction punished, in such and the same Manner as if the same had been committed within the said Colony. II. And whereas it is necessary to prevent as far as may be the Commission of Crimes by His Majesty's Subjects within such Territories as aforesaid, and to provide for the Arrest, Commitment, and bringing to Punishment of any of His Ma 'jesty's 'jesty's Subjects by whom any such Crimes may be perpetrated;' in such be it therefore enacted, That it shall be lawful for the Governor Territories. of the said Colony to address to any One or more of His Majesty's Subjects being within or about to resort to any such Territories as aforesaid One or more Commission or Commissions, authorizing him or them to exercise within such Territories the Office of a Magistrate for the Purpose of preventing the Perpetration therein by any of His Majesty's Subjects of any Crimes or Offences, and for the Purpose of arresting, committing to Custody, and bringing to Trial before such Courts as aforesaid any of His Majesty's Subjects charged on sufficient Evidence before him or them with the Commission of any such Crimes or Offences within any such Territories; and it shall also be lawful to the Governor of the said Colony, by any such Commission or Commissions as aforesaid, to define with all practicable and convenient Precision the local Limits within which the Jurisdiction of any such Magistrate or Magistrates shall be so exercised, and to which it shall so extend; and within the Limits so to be defined as aforesaid every Powers of such such Magistrate shall have, exercise, and enjoy all such Powers Magistrates. and Authorities over and in reference to His Majesty's Subjects inhabiting or being within the same as shall by any such Commission or Commissions be specially granted: Provided always, that no such Powers or Authorities shall be so granted by any such Commission or Commissions, save only such as shall be necessary for accomplishing the Purposes aforesaid with Promptitude and Effect. III. And be it further enacted, That all such Commissions Commissions as aforesaid shall be made to continue in force only during His to be in force Majesty's Pleasure; and the Governor for the Time being of the only during the King's said Colony shall be and he is hereby bound and required to Pleasure. transmit a Copy of every such Commission by the earliest Opportunity to His Majesty, through One of His Majesty's Principal Secretaries of State, for His Approbation or Disallowance. IV. And be it further enacted, That nothing herein or in any such Commission or Commissions contained shall extend or be construed to extend to invest His Majesty, His Heirs or Successors, with any Claim or Title whatsoever to Dominion or Sovereignty over any such Territories as aforesaid, or to derogate from the Rights of the Tribes or People inhabiting such Territories, or of Chiefs or Rulers, to such Sovereignty or Dominion. Act not to structively to His Majesty's extend con Dominions. V. And be it further enacted and declared, That for the Pur- Persons admiposes of this Act any Person lawfully administering the Govern- nistering ment of the said Colony shall be deemed and taken to be the to be deemed Governor thereof. Government the Governor, |