SCHEDULE (B).

Form of Bond of Caution.

I, A B, do hereby, in terms of the 15th section of the Statute 6 & 7 Will. IV. chap. 56, and of an interlocutor of the Sheriff

dated

of , pronounced "in the petition for the benefit of the process of cessio bonorum presented to him in name of C D."

[Or] "In the petition of C D, in the process of cessio bonorum at his instance against his creditors,"-judicially enact, bind, and oblige myself, my heirs, executors, and successors, as cautioner and security for the said CD, that he the said C D shall attend all diets of Court, whenever required, under the penalty of £ and which, if forfeited, shall be divided among the creditors; and that diligence shall pass hereon for the same at the instance of the clerk of Court; and I the said

hereby specially agree that (here insert the "sheriff-clerk's office, or some other place within the county) shall be held as my domicile, to the effect of leaving there for me all citations or other intimations in this cause, or that a letter with such citations or intimations, addressed

and sent through the post office shall be equal to a personal citation. In witness whereof, &c.

[Or if the parties prefer it, they can find caution in the usual terms of judicial caution acted in the books of Court, thus

At

the

hundred and

Appears A B,

day

One thousand eight

and in terms of the 15th section of the statute 6 & 7 Will. IV. chap. 56, and of an interlocutor of the Sheriff

of

dated , pronounced "in the petition for the benefit of the process of cessio bonorum presented to him in the name of C D."

[Or]" In the petition of C D, in the process of cessio bonorum at his instance against his creditors,"-hereby judicially enacts, binds, and obliges himself, his heirs, executors, and successors, as cautioner and surety, acted in the Sheriff Court books of for the said CD, that the said C D shall attend all diets of Court, whenever required, under the penalty of £ and which, if forfeited, shall be divided among the creditors; and that diligence shall pass hereon at the instance of the clerk of court; and the said hereby specially agrees that

(here insert the "sheriff-clerk's office," or some other place within the county) shall be held as his domicile, to the effect of leaving there for him all citations or other intimations in this cause, or that a letter with such cita

This where a separate petition is given in under the 15th section.

tions or intimations, addressed

and sent through the

post-office, shall be equal to a personal citation.

[If more cautioners than one bind themselves severally, or jointly and severally, the form will be varied accordingly.]

SCHEDULE (C).

At

of

the

Form of Oath. day of in presence Compeared A B, who being solemnly sworn and examined, depones, That the state produced in process is a true and correct state of his affairs to the best of the deponent's knowledge and belief. Depones, that he has no lands, heritages, debts, sums of money, goods, or gear, belonging to him, other than what are specified in the said state, and in the disposition executed by him in this process (if one shall have been required by the creditors). Depones, That he has made no disposition or other conveyance of his effects, or any part thereof, other than explained in the state of his affairs. Depones, That he has not put out of his hands any money, goods, or gear belonging to him; nor has he, to the prejudice of his creditors, cancelled, concealed, or away put any writs or documents. All which he depones to be truth, as he shall answer to God.

Edinburgh, 6th June 1839.

C. HOPE, I.P.D.

CHAPTER III.-CONJUGAL RIGHTS ACTS.

24 & 25 Vict. c. 86.-An ACT to amend the Law regarding Conjugal Rights in Scotland.-6th August 1861.

Whereas it is expedient to amend the law of Scotland relating to Husband and Wife: 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:

1. [A wife deserted by her husband may apply for an Order to protect Property which she has or may acqire by her own Industry, or which she may succeed to.]-A wife deserted by her husband may, at any time after such

desertion, apply by petition to any Lord Ordinary of the 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, 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 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, on 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.

2. [Husband or Creditor may apply by Petition for Recall of Order.]— It shall be lawful for the husband, or any creditor or other person claiming in or through his right, if such 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 recall 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 recall shall not affect any right or interest onerously and bona fide acquired by any third

party from the wife before said recall; and the Lord Ordinary shall direct that publication of his interlocutor be made in manner herein-before provided.

'3. [Interlocutors may be reviewed. How long order of protection to continue operative. No action of adherence competent while order subsists.] ---All interlocutors of the said Lord Ordinary may be brought under review of either Division of the Court of Session, by lodging and boxing within twenty-one days after the pronouncing of such interlocutors, if in session; and if 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 he 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 recall the order of protection; but such recall 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 or right of administration; nor shall it affect any right or interest a cquired 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 recall be made in manner herein-before provided.

4. [After interlocutor of protection is pronounced, property of wife to belong to her as if unmarried.]-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. [Order of protection to have effect of decree of separation.]--If any such order of protection be made and intimated, it shall have the effect of a decree of separation a mensâ et 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.

6. [In case of separation the property of the wife to belong to her exclusively of the jus mariti and right of administration; also for purposes of contract and suing.]—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 held and considered as property belonging to her, in reference to which the jus mariti and husband's right of administration are excluded, and such property may be disposed of by her in all respects as if she were unmarried, and on her decease the 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 capable of entering into obligations, and be liable for wrongs and injuries, and be capable of suing and being sued, as if she 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.

37 & 38 Vict. c. 31.-An ACT to amend the Conjugal Rights (Scotland) Amendment Act, 1861.-16th July 1874.

Whereas an Act was passed in the twenty-fourth and twenty-fifth years of the reign of Her present Majesty (24 & 25 Vict. c. 86), intituled An Act to amend the Law regarding Conjugal Rights in Scotland:

And whereas the expense of procedure under that Act prevents many persons from availing themselves of its benefits, and it is desirable to amend the same : Be it therefore enacted by the Queen's most Excellent