Page images
PDF
EPUB
[graphic]

tion to such estate and effects, and to reduce the
ing the same:
Teenacted by the Queen's most Excellent Majesty, by ad
and consent of the Lords Spiritual and Temporal, and
this present Parliament assembled, and by the authority of
, as follows:

Short title. This Act may be cited for all purposes as the
Widows and Children (Scotland) Act, 1875.

tent of Act. This Act shall extend to Scotland only.

Where estate does not exel £150, widow or children may apply to ary-clerk to fill up inventory and expede confirmation.] Whore the ersonal estate and effects of an intestate dying domiciled in Boot ll not exceed in value fie sum of one hundred and fifty pounds, w or any one or moet of his children, or in the case of an inte low any one or more of the ldren, may apply to the commissary the county within which fe intestate was domiciled at the tuk th; and the and countert shall prepare and All my ** ery and relative onth, aunty may be in the form of the ended to this Act, and make the oath of the ugliest host, cention seing found by leaplint wording of the pusher I lee a zood and nostery and repl

[ocr errors]
[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

purpose of this Act have power and are hereby authorised to administer oaths and to take declarations and affirmations. The term "commissaryclerk" shall throughout this Act include "commissary-clerk-depute."

7. [Procedure and fees under this Act to be regulated by Act of Sederunt.]—Any rules and orders and tables of fees requisite for carrying 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 to applicants shall not in any case exceed the sums mentioned in the Schedule (C) annexed to this Act.

8. [Inventory duty not affected by this Act.]-Provided always, that nothing herein contained shall be construed to affect any duty now payable on inventories of personal estate.

SCHEDULE (A).

FORM OF INVENTORY AND RELATIVE OATH.

INVENTORY of the Personal Estate, wheresoever situated, of [name and description of deceased] who died at

on the

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

Esquire, commissary-clerk of the commissariot of

One

Appeared [name and description of applicant], who, being solemnly sworn and examined, depones, that the said

[blocks in formation]

died at , and

had at the time of his [or her] death his [or her] ordinary or principal domicile in the county of

: That the deponent is the

[widow or son or daughter] of the said deceased

and is desirous to enter upon the possession and management of the deceased's estate as his [or her] executor: That the deponent does not know of any testamentary settlement or writing relative to the disposal of the deceased's personal estate or effects, or any part thereof: That the foregoing inventory, signed by the deponent and the said

as relative hereto, is a full and complete inventory of the personal estate and effects of the said deceased wheresoever situated and belonging or due to him [or her] beneficially at the time of his [or her] death, in so far as the same has come to the deponent's knowledge: That the value at this date of the said personal estate and effects, including the proceeds accrued thereon down to this date, does not exceed £150 sterling: That confirmation of the said personal estate in Scotland [England and Ireland as the case may be] is required in favour of deponent. All which is truth, as the deponent shall answer to God.

SCHEDULE (B).

FORM OF CONFIRMATION.

Confirmation issued under the Act 38 & 39 Vict. c. 41.

CONFIRMATION DATIVE of A B, who resided at [name and description of deceased].

The said A B had pertaining and resting owing to his [or her] decease,

on

[merged small][merged small][ocr errors]

at the time of

Esquire, Commissary of the county of

, considering that the said A B died at

[ocr errors]

and had at the time of death his [or her] ordinary or principal domicile in the county of And seeing that CD his [widow, or son, or daughter, or her son or daughter] has given up, on oath, an inventory of the personal estate and effects of the said AB at the time of death, including the proceeds accrued thereon to date of oath, situated in Scotland [England and Ireland, as the case may be], amounting in value to and has deponed that the whole personal estate and effects of the said AB does not exceed in value £150, which inventory, as before written, has been recorded in my court books, of date and that

[ocr errors]

acts and

has [or have] likewise found caution for intromissions as executor [or executors]. Therefore I, in Her Majesty's name and authority, decern, make, constitute, ordain, and confirm the said C D executor [or executors] dative qua [relict or next of kin] to the deceased, with full power to to uplift, receive, administer, and dispose of the said personal estate and effects, and grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of executor dative qua

is known to belong: Providing always, that count and reckoning for

the same shall be legally required,

shall render just

intromissions therewith, when and where

Given under the seal of office of the commissariot of
and signed by the clerk of court at

hundred and

day of

[merged small][ocr errors]

One thousand eight

Commissary-Clerk.

SCHEDULE (C).

Where the whole estate and effects of the intestate shall not exceed in value twenty pounds, the sum of five shillings, and where the whole estate and effects shall exceed in value twenty pounds, the sum of five shillings and the further sum of one shilling for every ten pounds or fraction of ten pounds by which the value shall exceed twenty pounds.

PART VI.

APPEALS TO HIGHER COURTS.

20 Geo. II. c. 43.-An ACT for taking away and abolishing the Heritable Jurisdictions in that part of Great Britain called Scotland; and for making satisfaction to the Proprietors thereof; and for restoring such Jurisdictions to the Crown; and for making more effectual provisions for the Administration of Justice throughout that part of the United Kingdom, by the King's Courts and Judges there; and for obliging all persons acting as Procurators, Writers, or Agents in the Law in Scotland to take the Oaths; and for rendering the Union of the two Kingdoms more complete.

34. [Persons aggrieved by sentence, &c., of the Sheriff-Court, in criminal cases, not inferring loss of life or demembration, or in civil where the sum did not exceed £12, may appeal to the next Circuit Court.]—And to the end that the jurisdiction of the Circuit Courts, in that part of Great Britain called Scotland, may be rendered more useful and beneficial to his Majesty's subjects in that part of the United Kingdom,-Be it further enacted, by the authority aforesaid, that it shall and may be lawful to and for any party or parties, conceiving himself or themselves aggrieved by any interlocutor, decree, sentence, or judgment of the Sheriff's or Stewart's Court of any county, shire, or stewartry, or of the courts of any royal borough, or burgh of regality, or barony, or of any court of any Baron, or other heritor having such jurisdiction, as is not hereby abrogated or taken away, where such interlocutor, decree, sentence, or judgment shall be concerning matters criminal, of whatever nature or extent the same may be, except all cases which infer the loss of life or demembration, or in matters civil, where the subject matter of the suit did not exceed in value the sum of Twelve pounds sterling, to complain, and seek relief

« EelmineJätka »