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Measures

I. It shall be lawful for the Lord President of the Court Power to the Lord Session, from Time to Time, as it shall appear to him to President necessary or expedient, with a view to promote the due to take espatch of the Business of the Court, to transfer Causes for proom the one Division of the Court to the other, and from moting Despatch y one Lord Ordinary to any other Lord Ordinary, to of Busich Extent as he shall judge to be necessary or expedient, ness. the Purpose of promoting Despatch and preventing elay; and to enable the said Lord President to exercise ch Power, it shall be lawful for him to require the eepers of the Rolls of the respective Divisions, the Prinpal and Depute Clerks of Session, and the Clerks of the veral Lord's Ordinaries, or any of them, to transmit to m, from Time to Time as he shall direct, Lists of the hole Causes depending before such Divisions respectively id the several Lords Ordinaries, and also to attend upon m from Time to Time, and give such Information in gard to such Lists, and the State of the Business genelly, as he may require.

sident may

Causes

II. When the said Lord President shall at any Time Lord Prelge it necessary to transfer Causes from the one Division order Lists the other, or from any one Lord Ordinary to any other to be preord Ordinary, under the Power hereby given, he shall pared of quire to be prepared a List or Lists of the Causes so transnsferred; and every such List shall have a Title speci- ferred. ing the Division from which, or the Lord Ordinary from iom, and also the Division to which, and the Lord Ordiry to whom, the Transference is made, and bearing that ch Transference is made by the Lord President under e Authority of this Act; and every such List shall be ted and subscribed at the End thereof by the said Lord resident, and shall be effectual to operate a Transference the Causes therein contained in Terms of the Title ereof, and the Causes shall thereafter be held to depend fore the Division to which or the Lord Ordinary to whom e Transference is made in the same Manner and to the me Effect in all respects as if such Causes had originally pended before such Division or Lord Ordinary; and it all be sufficient that the Causes shall be entered in the id Lists in the same Manner in which Causes are in use be entered in the Long Rolls of the Divisions or the Jebate Rolls of the Lords Ordinaries: Provided always, at all Causes so transferred shall be taken from the Causes ist enrolled in the Order of their Enrolment, unless, from onnexion with any depending Action or other similar leason, it may appear proper not to transfer any particular

Cause.

III. Every List of Causes transferred by the Lord Lists to be

Exemption

existing

said Joint Stock Companies Acts, 1856, 1857, as a Limited
Company, any Company so registered shall not be illegal,
nor shall the Registration thereof be invalid, but it shall be
subject to the following Liabilities; that is to say,
(1.) Any Creditor or Member of the Company may
petition the Court to have it wound up, and the
Fact of its being registered as a Limited Com-
pany shall of itself be a sufficient Circumstance.
on which an Order shall be made for winding up
the same:

(2.) In the event of such Company being wound up the
Contributories shall, whether the Company is or
not registered as a Limited Company, be liable
to contribute to the Assets of the Company to an
Amount sufficient to pay it Debts, and the Costs,
Charges, and Expenses of winding up the same.

Saving Clauses.

XVIII. The Joint Stock Companies Acts, 1856, 1857, of certain shall not apply to any Banking Company legally carrying Banking on the Business of Banking previously to the passing of this Companies Act, and not hereby required to be registered, until such from Joint Time as such Company registers itself under this Act, in panies pursuance of the Power hereby given in that Behalf.

Stock Com

Acts.

affect Pro

XIX. Nothing herein contained shall affect an Act Not to passed in the Eighth Year of the Reign of Her present visions of Majesty, and intituled An Act to regulate the Issue of Bank 7 & 8 Vict. Notes, and for giving to the Governor and Company of the 8 & 9 Vict. Bank of England certain Privileges for a limited Period, or

c. 32. and

c. 38.

an Act passed in the Ninth Year of the Reign of Her present Majesty, Chapter Thirty-eight, intituled An Act to regulate the Issue of Bank Notes in Scotland, or any other Act relating to the Issue or Circulation of Bank Notes.

CAP. LVI.

An Act to regulate the Distribution of Business in the Court
of Session in Scotland.-[25th August 1857.]

WHEREAS it is expedient that Provision should be made
for the more convenient Distribution of the Business of the
Court of Session, and for diminishing Arrears in that Court:
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:

the Lord

Measures

I. It shall be lawful for the Lord President of the Court Power to of Session, from Time to Time, as it shall appear to him to President be necessary or expedient, with a view to promote the due to take Despatch of the Business of the Court, to transfer Causes for profrom the one Division of the Court to the other, and from moting Despatch any one Lord Ordinary to any other Lord Ordinary, to of Busisuch Extent as he shall judge to be necessary or expedient, ness. for the Purpose of promoting Despatch and preventing Delay; and to enable the said Lord President to exercise such Power, it shall be lawful for him to require the Keepers of the Rolls of the respective Divisions, the Principal and Depute Clerks of Session, and the Clerks of the several Lords Ordinaries, or any of them, to transmit to him, from Time to Time as he shall direct, Lists of the whole Causes depending before such Divisions respectively and the several Lords Ordinaries, and also to attend upon him from Time to Time, and give such Information in regard to such Lists, and the State of the Business generally, as he may require.

order Lists

Causes

II. When the said Lord President shall at any Time Lord Prejudge it necessary to transfer Causes from the one Division sident may to the other, or from any one Lord Ordinary to any other to be preLord Ordinary, under the Power hereby given, he shall pared of require to be prepared a List or Lists of the Causes so transtransferred; and every such List shall have a Title speci- ferred. fying the Division from which, or the Lord Ordinary from whom, and also the Division to which, and the Lord Ordinary to whom, the Transference is made, and bearing that such Transference is made by the Lord President under the Authority of this Act; and every such List shall be dated and subscribed at the End thereof by the said Lord President, and shall be effectual to operate a Transference of the Causes therein contained in Terms of the Title thereof, and the Causes shall thereafter be held to depend before the Division to which or the Lord Ordinary to whom the Transference is made in the same Manner and to the same Effect in all respects as if such Causes had originally depended before such Division or Lord Ordinary; and it shall be sufficient that the Causes shall be entered in the said Lists in the same Manner in which Causes are in use to be entered in the Long Rolls of the Divisions or the Debate Rolls of the Lords Ordinaries: Provided always, that all Causes so transferred shall be taken from the Causes last enrolled in the Order of their Enrolment, unless, from Connexion with any depending Action or other similar Reason, it may appear proper not to transfer any particular Cause.

III. Every List of Causes transferred by the Lord Lists to be

entered in President as aforesaid shall be entered in the Books of Books of Sederunt Sederunt, and shall be forthwith printed and published on and pub- the Walls of the Court, and shall also be published in the Minute Book.

lished.

Summary IV. All Summary Petitions and Applications to the Petitions, Lords of Council and Session which are not incident to disposed Actions or Causes actually depending at the Time of pre

&c., how

of.

senting the same shall be brought before the junior Lord
Ordinary officiating in the Outer House, who shall deal
therewith and dispose thereof as to him shall seem just;
and in particular all Petitions and Applications falling
under any of the Descriptions following shall be so enrolled
before and dealt with and disposed of by the junior Lord
Ordinary, and shall not be taken in the first instance before
either of the Two Divisions of the Court; viz.,

1. Petitions and Applications under any of the various
Statutes now in force relative to Entails :
2. Petitions and Applications under any of the General
Railway Acts, or under the Lands Clauses Con-
solidation (Scotland) Act, 1845, or under any
Local or Personal Act:

3. Petitions and Applications relative to Money consigned under any Statute or Law, subject to the Order, Disposal, or Direction of the Court of Session: 4. Petitions and Applications for the Appointment of Judicial Factors, Factors loco tutoris or loco absentis, or Curators bonis, or by any such Factors or Curators for extraordinary or special Powers, or for Exoneration or Discharge. 5. All Petitions, Applications, and Reports under the Act of the Twelfth and Thirteenth Victoria, Chapter Fifty-one, intituled An Act for the better Protection of the Property of Pupils, absent Persons, and Persons under Mental Incapacity, in Scotland. V. The Lord Ordinary before whom any such Petition, Application, or Report shall be enrolled or brought shall profession- have full Power to decide on and dispose of the same, after or Persons making such Investigation and requiring such Assistance of Science from professional Persons, or Persons of Science or of Skill,

12 and 13 Vict. c. 51.

Lord Ordinary may consult

al Persons

or Skill.

as he shall judge proper, and his Judgment upon the Merits shall be subject to Review in manner herein-after provided; and the Judgment of the Lord Ordinary granting or refusing any such Petition or Application, or disposing of any such Report, unless the same shall be brought under Review in manner herein-after provided, shall be equally valid and effectual as a Judgment of either Division of the Court to the like Effect, according to the present Law and Practice; and all Laws and Statutes in

consistent herewith are hereby repealed to the Effect of rendering the Provisions of this Act operative and effectnal: Provided always, that such Lord Ordinary may in special Cases, if he see Cause, report such Petition or Application to the Court, who may thereupon dispose of the same, or give such Instructions thereanent to the Lord Ordinary as they may deem proper.

the Lord

tor on

VI. It shall not be competent to bring under Review Review of of the Court any Interlocutor pronounced by the Lord Ordinary by Ordinary upon any such Petition, Application, or Report Interlocuas aforesaid, with a view to Investigation and Inquiry Merits only merely, and which does not finally dispose thereof upon allowed. the Merits; but any Judgment pronounced by the Lord Ordinary on the Merits, unless where the same shall have been pronounced in Terms of Instructions by the Court on Report as herein-before mentioned, may be reclaimed against by any Party having lawful Interest to reclaim to the Court, provided that a Reclaiming Note shall be boxed within Eight Days, after which the Judgment of the Lord Ordinary, if not so reclaimed against, shall be final.

VII. It shall be lawful to the Parties to any Cause Causes may which shall be enrolled after the First Day of November ferred from next in the Rolls of either Division of the Court, by a joint the Rolls of Note presented to the Court, to move the Court of Consent one Division to transfer such Cause from the Rolls of the Division in Division. which it is enrolled to those of the other Division, and such Cause shall be so transferred accordingly..

to the other

to the Lord

VIII. When an Issue for the Trial of any Matter of Fact, Court may upon Report of the Lord Ordinary, in Terms of the Act of remit Cause the Thirteenth and Fourteenth Years of the Reign of Her Ordinary. Majesty, Chapter Thirty-six, shall have been adjusted by either Division of the Court, the Court shall remit the Cause to the Lord Ordinary to be farther proceeded in; provided always, that it shall be competent to the Parties to give notice of Trial in Terms of the existing Law and Practice applicable thereto.

the Court to

IX. Provided always, That the ordinary Sittings of the Sittings of Court, both Inner and Outer Houses, shall henceforward be extendbe as follows; namely, the Summer Session shall in each ed. Year commence on the first lawful Day (Monday excepted) which shall happen next after the Eleventh Day of May, and shall end on the Twentieth Day of July, or, when that Day shall fall upon Sunday or Monday, on the Saturday immediately preceding; and the Winter Session shall in each Year commence on the first lawful Day (Monday excepted) which shall happen next after the Eleventh Day of November, and shall end on the Twentieth Day of March, or, when that Day shall fall upon a Sunday or Monday, on

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