Commissioners for the Reduction of the National Debt subject to the Disposal of the said Commissioners of Public Works. to the Cashiers of the Bank of 5. Every such Order of the Officer of the said Commissioners Order to be for the Reduction of the National Debt before the issuing entered by the thereof shall be entered by the Clerk or other proper Officer, countersigned proper Officer, and shall be countersigned by the Actuary or other Check by the Actuary Officer acting under the said Commissioners for the Reduction and addressed of the National Debt, and shall be addressed to the Cashiers of the Governor and Company of the Bank of England, and such Cashiers or One of them shall, upon the Production of every such Order, pay the Sum mentioned therein to the Governor and Company of the Bank of England, and the Signature of One of the Cashiers of the said Governor and Company of the Bank of England shall be a sufficient Discharge to the said Commissioners for the Reduction of the National Debt. England, who same. Commissioners for Reduction of National 6. The Commissioners for the Reduction of the National Debt shall cause to be made up for Examination and Audit an annual Account to the Thirty-first Day of December in each Debt to furnish Year, of the Receipts, Payments, and Balances on the said an annual AcAccount, so directed to be kept by them in respect of the said count for Public Works Loan Fund for Ireland as aforesaid, and shall deliver the same to the Commissioners for auditing the Public Accounts. Audit. 7. As soon as any Sum of Money shall have been lodged Appropriation to the Credit of the Account of the Commissioners of Public and Entry of Repayments. Works at the Bank of Ireland, on account of the Repayment of Loans for Public Works, the said Commissioners of Public Works shall cause the Sum or Sums so lodged to be entered in their Books to the Credit of the Loan on account of which such Repayment shall have been made, and shall cause a Receipt to be delivered to the Party or Person on whose Account such Repayment shall have been so made, and such Receipt shall be a sufficient Discharge to the Party or Person paying the same. All Sums paid into the Bank of Ireland to solidated Fund. 8. Every Sum of Money which shall be paid into the Bank of Ireland to the Account of the said Commissioners of Public Works on account of the Repayment of Loans for Public be carried to Works under this or any of the aforesaid Acts, shall from and made Part Time to Time, at such Periods and in such Manner as the of the ConCommissioners of Her Majesty's Treasury shall direct, be transferred by the said Commissioners of Public Works to the Account kept at the said Bank with Her Majesty's Exchequer, and when so transferred shall be carried to and make Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland. up an annual for executing recited Acts 9. The said Commissioners for the Execution of the said Commissioners recited Acts and this Act shall cause to be made Account to the Thirty-first Day of March in each Year of the Amounts placed at their Disposal under the said recited Acts and this Act, the Amounts advanced, and the Amounts remain and this Act to lay annual before Parliaing ment. Accounts 1 Powers of re cited Act as to Advances to have the same Force as if re enacted in this Act. A Wife de serted by her apply for an Order to protect Property which she has or may ac ing unissued, also an Account of the Amount of the Loans advanced by the said Commissioners under the said recited Acts and this Act, the Monies received on account thereof and paid into the Exchequer, and the Balance of Principal and Interest outstanding, distinguishing each Class of Loans, and also showing the Amounts advanced and repaid in respect of each such Class during the Year ending the Thirty-first Day of March immediately preceding the Date of such Account; and the said Commissioners shall, on or before the First Day of June in each Year, cause such Accounts and Statements to be transmitted to the Public Works Loan Commissioners at their Office in London; and such Accounts and Statements shall by the said last-mentioned Commissioners be laid before both Houses of Parliament on or before the Thirtieth Day of the same Month of June, if Parliament be sitting, or if Parliament be not sitting, then within Fourteen Days after the next Meeting of Parliament. 10. All the Enactments contained in the said recited Acts relating to Public Works in Ireland or any of them shall, except as is herein otherwise provided, extend to this Act and to all Things done or directed to be done by the said Commissioners of Her Majesty's Treasury or the said Commissioners of Public Works or their Secretary for the Time being, or any other Persons or Bodies Corporate, under the Authority of the said recited Acts or this Act or any of them, in such or the like Manner as if they had been particularly and severally re-enacted in the Body of this Act, or as near thereto as the Difference of the Circumstances will admit, except so far only as the same are amended or altered by any of the said Acts or by this Act. CAP. LXXXVI. An Act to amend the Law regarding Conjugal Rights 1. A Wife deserted by her Husband may, at any Time after such Desertion, apply by Petition to any Lord Ordinary of the Husband may Court of Session, or in the Time of Vacation to the Lord Ordinary on the Bills, for an Order to protect Property which she has acquired or may acquire by her own Industry after such Desertion, and Property which she has succeeded to or may succeed to or acquire Right to after such Desertion, own Industry, against her Husband or his Creditors, or any Person claiming in or through his Right; and the Lord Ordinary shall appoint such Petition to be intimated in the Minute Book of the quire by her or which she may succeed to. Court Court of Session, and to be served upon the Husband; and the Husband, or any Creditor of the Husband, or any other Person claiming in or through his Right, shall be entitled to lodge Answers to the said Petition, and if the Husband be furth of Scotland, the Petition shall be executed edictally against him on an Induciæ of Twenty-one Days; and upon considering such Petition the Lord Ordinary shall require Evidence of such Desertion, and on being satisfied thereof pronounce an Interlocutor giving to the Wife Protection of her Property as aforesaid against the Husband and all Creditors or Persons claiming under or through him; and if Answers be lodged to the said Petition, the Lord Ordinary may, on considering the same, and, if he consider it necessary, after hearing Parties, allow a Proof to them of their respective Averments, which Proof he shall take himself, and either write the Evidence with his own Hand, in which Case it shall be read over to the Witness by the Judge, and signed by the Witness, if he can write, or the Lord Ordinary shall record the Evidence by dictating it to a Clerk, in which Case it shall, when taken down, be read over and signed as above; or the Lord Ordinary shall cause the Evidence to be taken down and recorded by a Writer, skilled in Shorthand Writing, in manner after mentioned, and it shall be competent to the Lord Ordinary, in special Cause shown, instead of taking such Proof, to grant a Commission to take said Proof elsewhere than in Edinburgh, in which Case he may pronounce an Interlocutor setting forth such special Cause, and granting Commission to take such Proof, and if satisfied after Proof of the Fact of such Desertion, and that the same was without reasonable Cause, he shall pronounce an Interlocutor giving to the Wife Protection as aforesaid, and he shall appoint Intimation of the said Interlocutor having been pronounced to be made in One or more Newspapers published within the County within which the Wife is resident, or in such other Newspapers as the Lord Ordinary may appoint. apply by Petiof Order. tion for Recal 2. It shall be lawful for the Husband, or any Creditor Husband or or other Person claiming in or through his Right, if such Creditor may Creditor, Husband, or other Person have not lodged Answers as aforesaid, to apply by Petition to the Lord Ordinary by whom such Order was made for the Recal thereof; and the Lord Ordinary shall appoint such Petition to be answered by the Wife, and thereafter dispose of the Application as he shall think just; but such Recal shall not affect any Right or Interest onerously and bonâ fide acquired by any Third Party from the Wife before said Recal; and the Lord Ordinary shall direct that Publication of his Interlocutor be made in manner herein-before provided. 3. All Interlocutors of the said Lord Ordinary may be Interlocutors brought under Review of either Division of the Court of may be reSession, by lodging and boxing within Twenty-one Days after the pronouncing of such Interlocutors, if in Session; and if [No. 36. Price 2d.] N n the viewed. How long Order of Protection to continue opera tive. No Action of Adherence competent while Order subsists. After Inter locutor of Pronounced, Property of Wife tection is pro to belong to her as if unmarried. Order of Pro tection to have Effect of De the said Twenty-one Days shall expire during Vacation, by lodging in the Bill Chamber a Reclaiming Note and boxing the same at the First Box Day after the Expiry of the said Twenty-one Days: Provided always, that, notwithstanding such Reclaiming Note, the Interlocutor of the Lord Ordinary granting Protection shall take effect when intimated as aforesaid, unless the Lord Ordinary, either at the Time of the pronouncing thereof or within Forty-eight Hours thereafter, order that his Interlocutor shall not take effect till the advising of the Reclaiming Note, or such other Period as he may think fit; and such Order of Protection shall, where there has been Appearance by the Husband, continue operative until such Time as the Wife shall again cohabit with her Husband, or until the Lord Ordinary, upon a Petition by the Husband, shall be satisfied that he has ceased from his Desertion, and cohabits with his Wife; and the Lord Ordinary may require him to find Security for such Period as may be appointed, that he shall continue to cohabit with her; and upon the Lord Ordinary being so satisfied, and Security found, if required, he shall recal the Order of Protection; but such Recal shall not affect any Right or Interest acquired by the Wife while the said Order subsisted, which Right and Interest shall remain vested in her, exclusive of her Husband's Jus mariti and Right of Administration; nor shall it affect any Right or Interest acquired by a Third Party during such Period, or any Third Party through or from her, while the said Order subsisted; and until such Order be recalled it shall not be competent for the Husband to institute an Action of Adherence against his Wife; and the Lord Ordinary shall direct that Publication of its Recal be made in manner herein-before provided. 4. After an Interlocutor of Protection is pronounced, and duly intimated, the Property of the Wife as aforesaid shall belong to her as if she were unmarried: Provided always, that such Protection shall not extend to Property acquired by the Wife of which the Husband or his Assignee or Disponee has before the Date of presenting said Petition obtained full and complete lawful Possession, nor shall such Protection affect the Right of any Creditor of the Husband over Property which he has before the Date thereof duly attached by Arrestment, followed by a Decree of Forthcoming, or which such Creditor has before the said Date duly poinded, and of which he has carried through and reported a Sale. 5. If any such Order of Protection be made and intimated, it shall have the Effect of a Decree of Separation a mensâ et cree of Separa- thoro in regard to the Property, Rights, and Obligations of the Husband and of the Wife, and in regard to the Wife's Capacity to sue and be sued. tion. In case of 6. After a Decree of Separation a mensâ et thoro obtained at the Instance of the Wife, all Property which she may acquire, or which may come to or devolve upon her, shall be belong to her held and considered as Property belonging to her, in reference exclusively of to Administra to which the Jus mariti and Husband's Right of Administration the Jus mariti are excluded, and such Property may be disposed of by her in and Right of all respects as if she were unmarried, and on her Decease the tion; same shall, in case she shall die intestate, pass to her Heirs and Representatives, in like Manner as if her Husband had been then dead; provided that if any such Wife should again cohabit with her Husband all such Property as she may be entitled to when such Cohabitation shall take place shall be held to her separate Use, and the Jus mariti and Right of Administration of her Husband shall be excluded in reference thereto, subject, however, to any Agreement in Writing made between herself and her Husband; and the Wife shall, while so separate, be also for Purcapable of entering into Obligations, and be liable for Wrongs poses of Conand Injuries, and be capable of suing and being sued, as if she suing. were not married; and her Husband shall not be liable in respect of any Obligation or Contract she may have entered into, or for any wrongful Act or Omission by her, or for any Costs she may incur as Pursuer or Defender of any Action, after the Date of such Decree of Separation and during the Subsistence thereof; provided that where upon any such Separation Aliment has been decreed or ordered to be paid to the Wife and the same shall not be duly paid by the Husband, he shall be liable for Necessaries supplied for her Use. tract and terer to be Co 7. In every Action of Divorce for Adultery at the Instance In Action of of the Husband it shall be competent to cite, either at the Divorce AdulCommencement or during the Dependence thereof, as a Co- Defender. Defender along with the Wife, the Person with whom she is alleged to have committed Adultery; and it shall be lawful for the Court in such Action to decern against the Person with whom the Wife is proved to have committed Adultery for the Payment of whole or any Part of the Expenses of Process, provided he has been cited as aforesaid, and the same shall be taxed as between Agent and Client: Provided always, that it shall be competent to examine the Person with whom the Wife is said to have committed Adultery as a Witness in the Cause, notwithstanding he is called as a Co-Defender in the Action, and in the Power of the Court, on Cause shown, to dismiss such Action as regards such Co-Defender, if in their Opinion such a Course is conducive to the Justice of the Case. Divorce. 8. It shall be competent to the Lord Advocate to enter Lord AdvoAppearance as a Party in any Action of Declarator of Nullity cate may enter Appearance of Marriage or of Divorce; and it shall be competent to him in Actions for to lead such Proof and maintain such Pleas as he may consider Nullity of warranted by the Circumstances of the Case; and the Court Marriage and shall, whenever they consider it necessary for the proper Disposal of any Action of Declarator of Nullity of Marriage or of Divorce, direct that it be laid before the Lord Advocate, in order that he may determine whether he should enter Appearance therein; and Expenses shall not be claimable by or against the Lord Advocate with reference to such Cases. 9. In Nn 2 |