Page:UKSRO 1899 (Part II).pdf/976

This page needs to be proofread.

1352 ADDEWDA—-THINDB, COURT OF, SCOTLAND.

of the Locality, giving effect to the new or corrected State of Teinds; and when the Rectified Locality shall be approved of _by the Lord Ordinary ag a new rule ef payment, he shall at the same time appoint a State of Arrcara to be prepared, if the state of the process and the interests of the parties render this necessary, with power to him to give Deereet for the same,

ord. Where any new Interim Scheme or Schemes shall be rendered necessary by Surrenders, or by production of rights made by heritors, or by any other unexpected emergency oceurring subsequent to the previous Interim Scheme or Schemes, it shall be competent to the Lord Ordinary to lay the expense of the new Interim Scheme and State of Arrears, or such part thereof as may appear proper, on the party whose Surrender, or pro- ductions or proceedings as aforesaid, shall make such new In- terim Scheme necessary, unless such Heritor or Heritors shall be able to instruct a reasonable cause to the contrary to the sat- isfaction of the Lord Ordinary; in which last case the expense shall be defrayed by the Common Agent.

4th. When a Surrender shall be made by a Bill of Suspension preeentet by an Heritor after the Interim Decree, in place of a inute of Surrender in the process of Locality, it shall be com- etent to the Minister, as well as the Common Agent, if the Ranauier appear to him well founded, to accede to the same, and to give in a Minute in the process of Locality, moving the Lord Ordinary to appoint a new Interim Scheme at the expense of the Heritor making the Surrender, without prejudice to the Heritor’s answer to the same, in terms of the ard Section of this

Atid the Lords appoint this Act to be recorded and printed. — C. Hope, LP.D.

Acr or SEDERUNT, DATED Marcu 4, 1840, TO REGULATE THE Form of Extracts or DecREETs oF LOCALITY AND WARRANTS OF CHARGE.

Whereas, by the Act 1 & 2 Victoria, cap. 118,* it is provided in section 27, that the provisions made by the Act 60 Geo. IIL cap. 112, for abridging the form of Mxtracting Decrees of the Court of Session, should be extended to Acts and Decreets of the Commissioners of the Court of 'einds: And whereas it was enacted by a prior Statute (1 & 2 Vict. cap. 114,5 sec. 1), that Extracts of the Decrees of the Court of Teinds should contain a Warrant to Charge, Arrest, Poind, and Imprison.§. And that by section 8 of the same Statute it is provided, that where an Extract had been issued before the commencement of the said

The Court of Session Act, 1837. + The Court of Session Act, 1810.

} The Debtors (Scotland) Act, 1838, § See note to Schedule 1,