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by the Lord Warden of the Stannaries of Cornwall and Devon, or by Two or more Deputy Wardens of the Stannaries of Cornwall
and Devon; and the Clerks of General and Subdivision Meetings Clerks, &c. to in Great Britain, and the Schoolmasters, Constables, and other make DeclaraOfficers in Scotland, shall make a Declaration as to the Justness tion of the Justof the Accounts, in the following Terms respectively, before some Justice of the Peace; (videlicet,)
Declaration of a Clerk of General or Subdivision Meetings.
do solemnly declare, That the preceding Account, so far as regards my Interest therein, is a just and true Account of Business performed by me for and in behalf of the Public Service, according to the Manner therein set forth; and the Sums claimed as disbursed were actually paid by me.' Declaration of a Schoolmaster, Constable, or other Officer in
do solemnly declare, That I am the Parochial Schoolmaster [or Constable or other Officer] of the District Subdivision of the County
; and that the preceding Account is a just and true Aecount of Business actually performed by myself for and in behalf of the Public Service according to the Manner therein set forth; and that I was employed on such Business the full Time therein stated; and that the Sums claimed as disbursed were actually paid by me.'
ness of their Accounts.
And the said Accounts shall be transmitted to the Secretary of State for War, who is hereby empowered to issue the Allowances according to the Rates specified in the respective Tables to this Act annexed, or such Sums as he shall think reasonable and proper. XXII. And whereas it is expedient that the Deputy Lieutenants acting in any Subdivision of any County, Stewartry, City, or Place in Great Britain, and the Special Deputy Wardens Attendance of acting in any Subdivision in the Stannaries of the Counties of any Surgeon Cornwall and Devon, should be assisted by the Advice of a Sur- residing near geon in deciding upon the Appeals of Persons claiming to be the Place of exempt from compulsory Service in the Militia by reason of Meeting for bodily Infirmity, and upon the Fitness for Service of the Persons Appeals. presenting themselves for Enrolment:' It shall be lawful for any Two Deputy Lieutenants and they are hereby empowered and required to summon, by Two Days previous Notice in Writing, any competent Surgeon residing at or nearest to the Place where any Meeting for Appeals or Enrolment shall be held to attend at such Meeting; and every such Surgeon shall, before he begins any such Examination, make the following Declaration, which Declaration any Deputy Lieutenant is hereby authorized to administer; (videlicet,)
do solemnly declare, That I will, to the Declaration to best of my Ability, faithfully and truly report as to the Fit- be made by ness for Service of the Man or Men about to be submitted to Surgeon.
my Examination, and that I will not receive from any of them any Fee or Reward whatever for any such Examination.'
Pay, &c. to be issued under Directions of the Secretary of State for War.
may be on unstamped Paper.
No Fee to be taken.
All Things in this Act relating to Counties shall extend to Ridings, &c.
Continuance of Act.
Judicial Procedure, &c. (Scotland).
And every such Surgeon shall receive for each Day's Attendance at such Meeting a Sum not less than Half a Guinea, nor exceeding Two Guineas, according to the Extent of the Duty performed: Provided always, that the Accounts and Vouchers upon which the said Allowances shall be recommended by the Deputy Lieutenants of the respective Subdivisions shall be transmitted to the Secretary of State for War, with the Accounts of the Lieutenancy Clerks, for Examination and Payment.
XXIII. All Sums of Money granted for the Pay, contingent and other Expenses, and for the Allowances to the Officers and Men of the Regular and Local Militia, when disembodied, shall be issued and paid under the Direction of the Secretary of State for War, by the Acceptance of Bills or otherwise, according to such Regulations as have been or shall be established on that Head.
XXIV. All Bills, Drafts, and Orders drawn for Pay or Allowances under this Act may be drawn upon unstamped Paper; and no such Bill, Draft, or Order shall be void by reason of being drawn or written on unstamped Paper.
XXV. No Fee or Gratuity whatsoever shall be given or paid for or upon account of any Warrant or Sum of Money which shall be issued in relation to or in pursuance of this Act.
XXVI. All Things in this Act contained relating to Counties, and to Regiments of Militia respectively, shall be construed to extend to all Ridings, Shires. Stewartries, Cities, and Places, and to all Battalions, Corps, and independent Companies respectively, and to the Corps of Miners of Cornwall and Devon.
XXVII. This Act shall take effect and continue in force from the Thirty-first Day of July One thousand eight hundred and fifty-six until the First Day of September One thousand eight hundred and fifty-seven.
[The Schedules to this Act are the same as to 18 & 19 Vict. c. 123.]
CA P. XCI.
An Act to amend and re-enact certain Provisions of an Act of the Fifty-fourth Year of King George the Third, relating to Judicial Procedure and Securities for Debts in Scotland. [29th July 1856.]
W WHEREAS a Bill has been brought into Parliament, inti
tuled A Bill to consolidate and amend the Laws of Scotland regarding Insolvency and Bankruptcy, by which it is proposed 'to repeal the Act passed in the Fifty-fourth Year of the Reign of His Majesty King George the Third, Chapter One hundred and thirty-seven, and it is expedient that certain Provisions 'therein contained relating to Judicial Procedure and Securities 'for Debts in Scotland should be amended and re-enacted:' 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:
Judicial Procedure, &c. (Scotland).
I. An Arrestment executed to attach the Effects of a Debtor, Effect of as in the Hands of a Person out of Scotland, shall not be held to Arrestments have interpelled such Person from paying to the original Creditor, executed as in unless Proof be made that he, or those having Authority to act Persons out of for him, were previously in the Knowledge of such Arrestment Scotland. having been so used.
the Hands of
II. The Court of Session shall have full Power to make Acts Court of Session of Sederunt for abridging the Forms of Publication and Citation, may regulate and regulating the Proceedings in Processes of Sale, Ranking, Judicial Sales and Division, whether at the Instance of Creditors or of apparent Heirs; and in every Case of a Sale under the Authority of the Court of Session it shall be lawful for the Purchaser, at any Term of Whitsunday or Martinmas subsequent to the Term of Payment of the Price, to lodge the Price, with the Interest due upon it, in any Joint Stock Bank of Issue in Scotland, at such Interest as can be procured for it, by doing which, and by giving Notice thereof to the Agent who carried on the Sale, he shall be discharged of the said Price; and further, the Court of Session, upon the Application of any of the Creditors, shall be empowered to make an Order on the Purchaser to lodge the Price and Interest, at any of the said Terms subsequent to the Term of Payment, in one or other of the said Banks, sufficient Intimation being always previously given, both to the Purchaser and to the common Agent for the Creditors, that such Application is made, in order that all Parties may have an Opportunity to object; and in all Cases of Sales may preJudicial Sales the Lands or other Heritable Property may be cede Ranking. brought to actual Sale, so soon as the necessary previous Steps
are taken, whether the Ranking be concluded or not, unless the Court, upon Application of any Party concerned, shall find sufficient Cause to delay the Sale.
III. And whereas Doubts have arisen upon the Construction What Proof of an Act of the Parliament of Scotland passed in the Year One of Insolvency thousand six hundred and ninety, Chapter Twenty, intituled necessary for 'Act anent the Sale of Bankrupt's Lands, in so far as it requires that the common Debtor be found bankrupt and utterly insolvent: Be it enacted, That a Judicial Sale at the Instance of Creditors may in all Cases proceed where the Interest of the Debts and the other annual Burdens exceed the yearly Income of the Property under Sale, or where a Sequestration shall have taken place, without other Proof of Bankruptcy or Insolvency.
IV. When the Estate of a Debtor is brought into the Court Decree of Sale of Session by Process of Judicial Sale and Ranking, the Decree to be held as a of Sale to be pronounced by the Court shall be held as a General General Decree of AdjudicaDecree of Adjudication in favour of every Creditor who shall aftertion. wards be included in the Decree of Division; and the Effect of such General Decree shall be the same in all Competitions, or Questions of Ranking and Preference, as if it had been pronounced and extracted of the Date of the First Calling of the Process of Sale before the Lord Ordinary in the Outer House, and no separate Adjudication shall be allowed to proceed during the Dependence of a Judicial Sale, and the Court is hereby authorized to settle, by an Act or Acts of Sederunt, in what Manner
ditors may be joined in One Adjudication.
Mode of rendering an Adjudication effectual.
Judicial Procedure, &c. (Scotland).
and at what Period or Periods the Principal Sums and bygone Interests of the Debts shall be accumulated, so as to do equal Justice to all concerned: Provided that it shall be competent to any Creditor who is in a Situation to adjudge to carry on the Action of Sale to its Conclusion, although deserted or abandoned by the original Pursuer.
V. And in order to lessen the Number of Adjudications for Debt, and the Expense to all Parties, and to facilitate the pari passu Preference of Creditors in similar Circumstances, be it enacted, That the Lord Ordinary officiating in the Court of Session before whom the First Process of Adjudication against any Estate for Payment or Security of Debt is called shall ordain Intimation thereof to be made in the Minute Book and on the Wall, in order that any other Creditors of the common Debtor who at the next Calling of the Cause can show that, although they have not executed their Summonses of Adjudication, they are in other respects, by the Nature of the Grounds of Debt and Steps taken by them, in Condition to proceed in adjudging the common Debtor's Estate, may produce the Instructions of their Debts, with Summonses of Adjudication, libelled and signetted, for the Purpose of their being conjoined in the Decree of Adjudication, Twenty Sederunt Days being allowed for such Intimation before the Cause can be called a Second Time; and if any of those Forms shall happen to be omitted, such Adjudication shall be null and void, without Prejudice to its being brought forward again in more due Form, or still conjoined with any after Adjudication; and without Prejudice to the Validity and Order of ranking of posterior Adjudications according to the Rules of Law, when any after Process or Processes of Adjudication are brought into Court, the same shall be regulated, as to the Time and Manner of proceeding in them, by an Act or Acts of Sederunt of the Court of Session, so as to provide, as far as Circumstances will admit, for the pari passu Preference of such posterior Adjudications with one another, and to abridge the Number and Expense of such Proceedings; and in all Cases where Penalties for Nonpayment, over and above Performance, are contained in Bonds or other Obligations for Sums of Money, and are made the Subject of Adjudication, or of Demand in any other Shape, it shall be in the Power of the Court to modify and restrict such Penalties, so as not to exceed the real and necessary Expenses incurred in making the Debt effectual.
VI. And in order to fix more clearly in Time coming what Diligence is necessary to make an Adjudication effectual, be it enacted, That the lodging of a Draft Charter and Note in the Office of the Presenter of Signatures, in Terms of the Act passed in the Tenth and Eleventh Years of the Reign of Her present Majesty, Chapter Fifty-one, when the Holding is of the Crown, or the executing a Charge of Horning against Superiors, when the Holding is of a Subject, and recording a Copy of such Note and an Abstract of such Draft Charter, or such Charge, in the Register of Abbreviates of Adjudications, shall be held in all Time coming as the proper Diligence for the Purpose aforesaid.
Judicial Procedure, &c. (Scotland).
VII. It shall be lawful for any Person possessed of Lands or Securities for other Heritable Property, and desiring to pledge the same in Cash Accounts Security of any Sums paid or Balances arising or which may or Credits. arise upon Cash Accounts or Credits, or by way of Relief to any Persons who may become bound with him for the Payment of such Sums or Balances, although paid or arising posterior to the Date of the Infeftment, to grant Heritable Securities accordingly upon his Lands or other Heritable Property, containing Procuratory of Resignation and Precept of Sasine, for infefting any Bank or Bankers or other Persons who shall agree to give such Cash Accounts or Credits, or for infefting such Persons as shall become Cautioners for him, or jointly bound with him in such Cash Accounts or Credits: Provided always, that the Principal and Interest which may become due upon such Cash Accounts or Credits shall be limited to a certain definite Sum, to be specified in the Security, such definite Sum not exceeding the Amount of the Principal Sum, and Three Years Interest thereon at the Rate of Five Pounds per Centum: Provided also, that it shall be lawful for the Person to whom any such Cash Account or Credit is granted to operate upon the same by drawing out and paying in such Sums from Time to Time as the Parties shall settle between themselves, and that the Sasines or Infeftments taken upon such Heritable Securities shall be equally valid and effectual as if the whole Sums advanced upon such Cash Account or Credit had been paid prior to the Date of the Sasine or Infeftment taken thereon, and that any such Heritable Security shall remain and subsist to the Extent of the Sum limited, or any lesser Sum, until the Cash Account or Credit is finally closed, and the Balance paid up and discharged, and the Sasine or Infeftment renounced.
CA P. XCII.
An Act to constitute a Court of Appeal in Chancery, and to
in Ireland which may now be made to the Privy Council:' 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 for all Purposes as the "Chancery Short Title. Appeal Court (Ireland) Act, 1856."
II. In the Construction of this Act "Chancery" and "Court" Interpretation shall mean the Court of Chancery in Ireland, and "Chancellor" of Terms. shall mean and include the Lord Chancellor, Lord Keeper, and Lords Commissioners for the Custody of the Great Seal of Ireland; "Suit" shall include Cause, Cause Petition, and Petition Matter.