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A.D. 1877.

3. The interest on all Exchequer bonds issued in pursuance of Interest on this Act shall be charged upon and issued out of the Consolidated bond and re

Fund of the United Kingdom, or out of the growing produce payment of principal. thereof.

The principal money secured by every Exchequer bond issued in 5 pursuance of this Act shall be repaid out of money provided by

Parliament for the purpose. Payment of

4. All money raised by Exchequer bonds issued in pursuance of money raised this Act shall be paid into the receipt of Her Majesty's Exchequer to Consolidated Fund. and carried to the Consolidated Fund of the United Kingdom. 10 Extension 5. Section fifteen of the Exchequer Bills and Bonds Act, 1866, Vict. c. 25.

(which section relates to the forgery of Exchequer bills,) shall as to forgery, apply to all Exchequer bonds issued in pursuance of this Act in &c. to bonds. like manner as if it were herein enacted with the substitution of Exchequer bond for Exchequer bill.

15 Recited Act 6. The Act of the session of the twenty-ninth and thirtieth years and this Act of the reign of Her present Majesty, chapter twenty-five, intituled together.

An Act to consolidate and amend the several laws regulating the

preparation, issue, and payment of Exchequer bills and bonds," is in this Act referred to as the Exchequer Bills and Bonds Act, 20 1866, and that Act and this Act may be cited together as the Exchequer Bills and Bonds Acts, 1866 and 1877.

of 29 & 30

may be cited

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A

B I L L

TO

Amend the Law relating to the Confirmation, Liabilities, A.D. 1877.

and Powers of Gratuitous Executors in Scotland.

Title of Act.

estate does

or commis

W!

HEREAS it is desirable to increase the facilities for expeding

confirmations and administering executries in Scotland : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, 5 and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act shall extend to Scotland only, and may be cited as Extent and “The Executry (Scotland) Amendment Act, 1877.

2. When the whole real and personal estate and effects of a When whole 10 testate shall not exceed in value two hundred pounds sterling, the testate

sheriff clerk of the county, or the commissary clerk of the com- not exceed missariot, within which such testate was domiciled at the time of 2001. sheriff death, or the clerk of the commissary court of Edinburgh, on pro- sary clerk to

duction of the will or other writing of such testate, shall prepare prepare in15 and fill up an inventory of the personal estate and effects of such and expede

testate and relative oath as nearly as may be in the form of confirmation Schedule A., and on such oath being duly taken by the executor- tion of ex

on applicanominate, special or general disponee, or special or universal or ecutor-nomiresiduary legatee, the said clerk shall record the said inventory,

nate, &c. 20 and also the will or other writing, but that only if it has not been Form of

inventory previously registered as herein-after mentioned, and shall expede and deliver to such executor-nominate, special or general disponee Form of or special or universal or residuary legatee a confirmation as nearly

as may be in the form of Schedule B. 25 3. When the whole real and personal estate and effects of an When whole

intestate shall not exceed in value two hundred pounds sterling, estate does the sheriff clerk of the county, or the commissary clerk of the not exceed commissariot, within which such intestate was domiciled at the 2001., sheriff

or commistime of death, or the clerk of the commissary court of Edinburgh, sary clerk

confirmation.

intestate

A.D. 1877.

on the application of the widow, parent, children, or other next of kin, to prepare inventory, creditor, or any other person interested in the estate of such intestate, &c., and

shall prepare and fill up an inventory of the personal estate of such expede confirmation on

intestate and relative oath as nearly as may be in the form of application Schedule C., and on such oath being duly taken and caution found 5 of next of kin, &c. by the applicant to the satisfaction of the sheriff or commissary, Form of with or without publication of any petition for restriction of caution inventory.

as he may see cause, the said clerk shall record said inventory, and Form of expede and deliver to the applicant a confirmation as nearly as may confirmation. be in the form of Schedule D.

10 Effect of 4. The said confirmations respectively shall have the same force confirmation.

and effect as those prescribed in Schedules E. and D. annexed to
the Act of the 21st and 22nd Vict., chapter 56. When they contain
English or Irish estates the registrars of any probate court in
England or Ireland shall affix the seal of said court thereto on the 15
application of the sheriff or commissary clerk, and the payment of

a fee not exceeding two shillings and sixpence. Clerks must

5. The sheriff or commissary clerk shall not proceed with the satisfy them- confirmation until he has reason to believe that the true value of selves of value of the whole real and personal estate and effects of which the testate 20 estate and of or intestate died possessed does not exceed two hundred pounds character or sterling; and if he is not satisfied with the proof of the character relationship or relationship of the person applying for confirmation, or if there of applicant.

is a competition for the office of executor, he shall report the same to the sheriff or commissary whose decision shall be final.

25 Before whom 6. Oaths and affirmations under this Act may be taken either oaths may be before the sheriff or commissary, the sheriff or commissary clerk,

any commissioner appointed by the sheriff or commissary, any notary public, magistrate, or justice of the peace within the United Kingdom or the colonies, or any British consul.

30 Procedure 7. Any rules and orders and tables of fees requisite for carrying and fees,

this Act into operation shall be framed, and may from time to time be altered by the Court of Session by Act of Sederunt, but the total amount to be charged shall not in any case exceed the sums mentioned in Schedule E.

35 Stamp duty 8. No stamp duty shall be chargeable on any inventory when on estates

the whole personal estate and effects shall be sworn not to exceed not exceeding 2001.

and shall not actually exceed in value two hundred pounds sterling; abolished,

but the duty chargeable on testate estates above two hundred pounds 4501.

and under three hundred pounds, and above three hundred pounds 40 modified.

and under four hundred and fifty pounds, shall be three pounds and

taken.

and under

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