under the Orders of the Clerk of the Bills in the Performance of the Duties of the Office, and shall in the necessary Absence of the Clerk of the Bills subscribe and authenticate all such Writs and Documents as the Clerk of the Bills may, by any Law or Practice, subscribe or authenti cate. Clerks to III. The Clerk of the Bills, and the Assistant and Orbe paid dinary Clerks, shall be paid wholly by Salary; and the wholly by Salaries. Salary of the Clerk of the Bills shall be Five hundred pounds per Annum, which shall include his Remuneration for the Discharge of the Duties imposed on him under the Bankrupt Acts, and also all Fees of Extracts and Bonds of Caution required by the Bill Chamber Procedure, or under such Acts, and shall be in lieu of all existing Salary, Allowances, Fees, and Emoluments whatsoever; and the Salary of the Assistant Clerk shall be Two hundred Pounds per Annum; and the Salaries of the Ordinary Clerks shall not exceed in all Two hundred Pounds per Annum, divisible in such Proportions as may be deemed proper by the Commissioners of Her Majesty's Trea Salaries, voted by Parliament. sury. IV. The Salaries paid to the Clerk of the Bills, and the &c. to be Assistant Clerk and ordinary Clerks in the Bill Chamber, and also the Expense of a suitable Office for conducting the Business of the Bill Chamber, and the necessary Expense of Printing and Stationery, and other Expenses of the Office, shall be defrayed out of the Monies to be voted Fees to be by Parliament for that Purpose; and all Fees of every accounted Description heretofore in use to be charged or collected in the Office of the Bill Chamber shall continue to be so charged and collected after this Act shall come into operation, by the Clerk of the Bills, and be by him duly accounted for and paid over to the Commissioners of Her Majesty's Treasury, or to such Person or Persons as they shall appoint. for and paid over to the Treasury. Clerk of keep sepa consigned Monies. V. All Monies which shall in future be deposited or the Bills to consigned in the Bill Chamber shall be forthwith deposited rate Ac- by the Clerk of the Bills in one of the Banks in Edinburgh counts of established or incorporated by Act of Parliament or Royal Charter, in an Account to be kept by him in his official Capacity; and a proper written Receipt or Acknowledg ment shall always be granted by the said Clerk to any Party depositing or consigning any Money in his Hands, at the Time of such Deposit or Consignation; and a full and particular State and Account shall be kept in the Office of the Bill Chamber of all such Deposits and Consignations; and the Clerk of the Bills shall cause the Monies in such Bank Account to be annually accu mulated by adding the accruing Interest to the Principal Sums. with for Bills to be VI. The Holders of Money at present consigned in Monies Bank, or in the Hands of whatsoever Person or Persons, consigned derived from Deposits or Consignations made in the Hauds mer Clerks of any former Clerk or Clerks of the Bills, in his or their of the official Capacity, shall and they are hereby required to pay paid over over the same, with all Interest accrued and to accrue to the Treasury. thereon, to the Commissioners of Her Majesty's Treasury, or to such Person or Persons as they shall appoint, who are hereby empowered and directed to require an Account thereof, and to call for and receive the same, and discharge the Holders thereof: Provided always, that every Person having any legal claim to or Interest in the Monies so to be paid over shall have such and the like Claim and Interest therein, and such and the like Right to demand and to recover the same from the said Commissioners of Her Majesty's Treasury, after Payment thereof to the said Commissioners in Terms of this Act, as from the Person or Persons having Possession of such Monies at the Date of the passing of this Act. may make VII. It shall be lawful for the Court of Session, and the Court of said Court is hereby required, within Six Calendar Months Session after the passing of this Act, to make such Provision, by Acts of Act of Sederunt, as the said Court may deem necessary or Sederunt. expedient, for the Performance of the Business of the Office of the Clerk of the Bills in the said Court, and also to make, from Time to Time, by Act of Sederunt, such Alterations and further Provision for the same as the Court may deem fit: Provided always, that every such Act of Sederunt shall, within One Month after the Date thereof, be transmitted by the Lord President of the Court of Session to One of Her Majesty's Principal Secretaries of State, to the end that the same may be laid before both Houses of Parliament. VIII. The recited Acts, and all Laws, Statutes and Certain Usages, shall be and the same are hereby repealed, in so Acts, &c. far as necessary to give Effect to this Act, but no further. repealed. IX. This Act shall commence and take effect from and Comafter the Expiration of Two Months from the passing mencehereof. ment of Act. CAP. XIX. An Act to remove Doubts as to the Law of Bankruptcy and WHEREAS Doubts have arisen regarding the Construction of certain Clauses contained in an Act passed in the Nineteenth and Twentieth Years of the Reign of Her present Majesty, intituled An Act to consolidate and amend the Vict. c. 79. Laws relating to Bankruptcy in Scotland, and in another Act of the same Year of Her Majesty, intituled An Act to Vict. c. 91. amend and re-enact certain Provisions of an Act of the 19 & 20 19 & 20 Short Title. Court of Session or Fifty-fourth Year of King George the Third, relating to Judicial Procedure and Securities for Debt in Scotland, and it is expedient that such Doubts should be removed: Be it therefore enacted by the Queen'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, as follows:I. This Act may be cited as "The Bankruptcy and Real Securities (Scotland) Act, 1857." II. Sequestration in the Case of a deceased Debtor may Sheriffs be awarded by the Court of Session or by the Sheriff of may award the County in which the Debtor for the Year preceding tion of de- his Death had resided or carried on Business. Sequestra ceased Notice of III. In the event of Sequestration having been awarded Debtor. by the Sheriffs of Two or more Counties, and of the later Remit by Sequestration or Sequestrations being remitted by the the Sheriffs Sheriff or Sheriffs awarding them to the Sequestration first to be given? in the in Date, a Notice of such Remit shall be inserted in the Gazette Four Days after a Copy of the Deliverance of such Remit could be received in course of Post in Edinburgh. Gazette. Expense of tion for IV. No Part of the Expense of any Competition for the Competi- Office of Trustee shall be paid out of the Estate, but all such Expense shall be paid by the unsuccessful Party to the successful Party. Office of duced to V. Any Creditor, in order to be entitled to participate to be pro- in a Second or any subsequent Dividend, shall produce his entitle Cre- Oath and Grounds of Debt, as directed by the first-recited ditor to a Act, in reference to the First Dividend, at least Two Dividend. Months before the Period fixed for Payment of such Second or subsequent Dividend. Second reference Procedure VI. The Procedure by the first-recited Act prescribed requisite in in reference to a Second Dividend shall be applicable in to subse- reference to subsequent Dividends, so that a Dividend may quent Divi- be made on the First lawful Day after the Expiration of dends. every Three Months from the Day of the Payment of the immediately preceding Dividend, until the whole Funds of the Bankrupt shall be divided. of Dis and re VII. An Abbreviate of the Deliverance of Discharge of Abbreviate the Bankrupt, whether following on a Composition or not, charge of shall be issued by the Clerk of the Bills or the Sheriff Bankrupt Clerk in the Form of the Schedule (A.) hereunto annexed, to be issued and the Abbreviate shall be recorded in the Register of corded as Inhibitions, and the Register of Abbreviates of Adjudica- in Sched. tions at Edinburgh, and the Keepers of such Registers shall, if required, grant Certificates of such Registration in the Form annexed to the said Abbreviate. (A.) Sect. 7 of to exclude Provisions VIII. Nothing contained in the Seventh Section of the Nothing in last-recited Act shall be held to exclude the Application of 19 & 20 the Provisions of an Act passed in the Tenth and Eleventh Vict. c. 91. Years of the Reign of Her present Majesty, intituled An the AppliAct to facilitate the Constitution and Transmission of Heri- cation of table Securities for Debt in Scotland, and to render the same of 10 & 11 more effectual for the Recovery of Debts, or of an Act Vict. c. 50. passed in the Seventeenth and Eighteenth Years of the and 17 & 18 Reign of Her present Majesty, intituled An Act to extend to Herithe Benefits of Two Acts of Her Majesty relating to the table SecuConstitution, Transmission, and Extinction of Heritable granted by Securities in Scotland, to the Heritable Securities autho- the same. rized to be granted by the said Seventh Section, but the said Provisions shall be held to apply thereto. Vict. c. 62. rities tion of IX. The Tenth Section of the first herein-before recited ApplicaAct shall be taken to apply to Actions and Exceptions as Sect. 10 of well in the ordinary Court of the Sheriff as in the Court of 19 & 20 Session. Vict. c. 79. X. The recited Acts, excepting in so far as altered by Recited this Act, shall be and remain in full Force and Effect, and Acts, exshall be construed with this Act. cept as altered, to remain in SCHEDULE (A.) force. 1. Form of Abbreviate of the Deliverance of Discharge of Bankrupt. Abbreviate of Deliverance discharging [Insert Name] A.B. [insert the Bankrupt's Name and Designation] has been discharged of all Debts and Obligations contracted by him, or for which he was liable at the Date of the Sequestration of his Estates; [if upon Composition, add as follows: "the said Sequestration declared at an end, and the said (Name) reinvested in his Estates on Composition of (insert the Amount)"], conform to Deliverance by [Lord Ordinary or Sheriff]. Dated the One thousand eight hundred and Day of and in Terms of "The Bankruptcy (Scotland) Act, 1856," and "The Bankruptcy and Real Securities (Scotland) Act, 1857." [Place and Date.] C.D. (Bill Chamber Clerk 2. Form of Certificates of Registration of Abbreviate to be annexed to the Abbreviate. Assigna CAP. XXVI. An Act to provide for the Registration of Long Leases in BE it enacted by the Queen'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, as follows: Long I. From and after the passing of this Act, it shall be Leases, and lawful to record in the General Register of Sasines in tions there- Scotland, or in the Particular Register of Sasines for the of, register- District in which the Lands and Heritages leased are Register of situated, probative Leases, whether executed before or after the passing of this Act, for a Period of Thirty-one Years, and for any greater Number of Years that shall be stipulated, of Lands and Heritages in Scotland other than Lands and Heritages held by Burgage Tenure, and to record in the several Burgh Registers of Sasines probative Leases able in Sasines. |