صور الصفحة
PDF
النشر الإلكتروني

S&4 W.4.c.41.

Recited Provisions of

3&4 W. 4. c. 41. not to apply to Appeals admitted by Suddur Courts after

1st Jan. 1846.

CA P. XXX.

An Act to amend an Act passed in the Third and Fourth
Years of the Reign of His late Majesty King William the
Fourth, intituled An Act for the better Administration of
Justice in His Majesty's Privy Council. [30th June 1845.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

WE HEREAS by an Act passed in the Session held in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the better Ad 'ministration of Justice in His Majesty's Privy Council, afte reciting that various Appeals to His Majesty in Council from the Courts of Suddur Dewanny Adawlut at the several Presidencies of Calcutta, Madras, and Bombay, in the East Indies, ' had been admitted by the said Courts, and the Transcripts 'the Proceedings in Appeal had been from Time to Time tra 'mitted under the Seal of the said Courts through the East Indie Company, then called the United Company of Merchants England trading to the East Indies, to the Office of His Ma jesty's said Privy Council, but that the Suitors in the Causes so appealed had not taken the necessary Measures to bring on the same to a Hearing, it was enacted that it should be lawful for His Majesty in Council to give such Directions to the said Com pany and other Persons, for the Purpose of bringing to a Hearing before the Judicial Committee of the Privy Council the several Cases appealed or thereafter to be appealed to His Majesty in 'Council from the several Courts of Suddur Dewanny Adawl ' in the East Indies, and for appointing Agents and Counsel t 'the different Parties in such Appeals, and to make such Order for the Security and Payment of the Costs thereof as His sad Majesty in Council should think fit, and thereupon such Appeals 'should be heard and reported on to His Majesty in Council, and should be by His Majesty in Council determined, in the same Manner, and the Judgments, Orders, and Decrees of His Majesty in Council thereon should be of the same Force and Effect, as the same had been brought to a Hearing by the Direction of the Parties appealing, in the usual Course of Proceeding: Provided always, that such last-mentioned Powers should not extend to any Appeals from the said Courts of Suddur Dewanny Adawlat other than Appeals in which no Proceedings then had been f should thereafter be taken in England on either Side for Period of Two Years subsequent to the Admission of the Appeal by such Court of Suddur Dewanny Adawlut: And whereas by certain Orders in Council made under certain Powers 'contained in the said Act Provision is made for registering in the Council Office the Arrival in this Country of the Transcripts of the Proceedings in Appeals from the said Courts: And 'whereas it is considered advisable that the said Act should be 'amended in manner herein-after mentioned:' 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, That the herein-before recited Provisions of the said Act shall not apply to the Case of any Appeal which shall

[ocr errors]

12

be

[ocr errors]

be admitted by any of the said Courts of Suddur Dewanny Adawlut after the First Day of January One thousand eight hundred and forty-six.

II. And be it enacted, That any Appeal to be admitted by any Appeals adof the said Courts of Suddur Dewanny Adawlut after the said mitted after First Day of January One thousand eight hundred and forty-six 1st Jan. 1846

to be considered

as abandoned

shall be considered and be held to be abandoned and withdrawn
by Consent of the Parties thereto, unless some Proceedings shall by Consent,
be taken in England in the same by One or more of the Parties unless, &c.
thereto within Two Years after Registration at the Council Office
of the Arrival of the Transcript; and any such Appeal as aforesaid
shall be held to be abandoned and withdrawn in like Manner under
any other Circumstances which Her Majesty in Council may from
Time to Time by any Orders or Rules in that Behalf direct to be
taken and considered as a Withdrawal thereof; and the East India
Company are hereby required from Time to Time to ascertain and
certify to the proper Courts in the East Indies all Appeals which
may from Time to Time become abandoned and dropped under the
Provisions of this Clause.

CA P. XXXI.

An Act to facilitate the Transmission and Extinction of
Heritable Securities for Debt in Scotland.

[30th June 1845.] WHEREAS it is expedient to facilitate the Transmission and

transferred in
the Form pre-

scribed.

Extinction of Heritable Securities for Debt 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, and Commons, in this present Parliament assembled, and by the Authority of the same, That where an Heritable Security Heritable Sehas been constituted by Infeftment the Right of the Creditor curities to be therein may be transferred, either in whole or in part, by an Assignation or other Deed of Conveyance, in the Form or as nearly as may be in the Terms set forth in the Schedule (No. 1.) hereto annexed; and on such Assignation or Conveyance being recorded in the General Register of Sasines, or in the Particular Register or Burgh Register of Sasines applicable to the Lands contained in the Security, the said Heritable Security shall be transferred to the Assignee as effectually as if such Heritable Security had been disponed and assigned, and the Disposition and Assignation or Conveyance had been followed by Sasine duly recorded according to the present Law and Practice; and such Assignee or Disponee shall thereupon be held to be fully entered as if he had obtained a Renewal of the Investiture in his Favour, according to the Law and Practice in use before the passing of this Act: Provided When Conalways, that where the Assignation or Conveyance of an Heritable veyance of Security constituted as aforesaid is contained in a Deed of Con- Security is veyance granted for further Purposes and Objects, or conveying contained in other Properties, such as a Marriage Contract, Deed of Trust or a general Deed Settlement, it shall not be necessary to record the whole of such Deed, but it shall be sufficient to expede and to put upon record notarial Instrument, setting forth generally the Nature of the

Z 2

a

Heritable

of Conveyance,

the whole of
such Deed

need not be

Deed recorded.

1

CA P. XXX.

3&4 W.4.c.41.

[ocr errors]
[ocr errors]
[ocr errors]

An Act to amend an Act passed in the Third and Fourth
Years of the Reign of His late Majesty King William the
Fourth, intituled An Act for the better Administration of
Justice in His Majesty's Privy Council. [30th June 1845.

WH WHEREAS by an Act passed in the Session held in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the better Ad 'ministration of Justice in His Majesty's Privy Council, after reciting that various Appeals to His Majesty in Council from the Courts of Suddur Dewanny Adawlut at the several Presi 'dencies of Calcutta, Madras, and Bombay, in the East Indes, ' had been admitted by the said Courts, and the Transcripts of 'the Proceedings in Appeal had been from Time to Time trans 'mitted under the Seal of the said Courts through the East India 'Company, then called the United Company of Merchants 'England trading to the East Indies, to the Office of His Ma'jesty's said Privy Council, but that the Suitors in the Causes se " appealed had not taken the necessary Measures to bring on the 6 same to a Hearing, it was enacted that it should be lawful fr His Majesty in Council to give such Directions to the said Co pany and other Persons, for the Purpose of bringing to a Hearing 'before the Judicial Committee of the Privy Council the severa 'Cases appealed or thereafter to be appealed to His Majesty in 'Council from the several Courts of Suddur Dewanny Adawi in the East Indies, and for appointing Agents and Counsel to the different Parties in such Appeals, and to make such Orders for the Security and Payment of the Costs thereof as His said Majesty in Council should think fit, and thereupon such Appeals 'should be heard and reported on to His Majesty in Council, and should be by His Majesty in Council determined, in the same Manner, and the Judgments, Orders, and Decrees of His Majesty in Council thereon should be of the same Force and Effect, as the same had been brought to a Hearing by the Direction of the Parties appealing, in the usual Course of Proceeding: Provided always, that such last-mentioned Powers should not extend to any Appeals from the said Courts of Suddur Dewanny Adawl other than Appeals in which no Proceedings then had been of should thereafter be taken in England on either Side for a Period of Two Years subsequent to the Admission of the Appeal by such Court of Suddur Dewanny Adawlut: And whereas by certain Orders in Council made under certain Powers contained in the said Act Provision is made for registering in the Council Office the Arrival in this Country of the Transcripts of the Proceedings in Appeals from the said Courts: And whereas it is considered advisable that the said Act should be 'amended in manner herein-after mentioned: 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, That the herein-before recited Provisions of dur Courts after the said Act shall not apply to the Case of any Appeal which shall

Recited Provisions of

3&4 W. 4. c.41. not to apply to Appeals admitted by Sud

1st Jan. 1846.

[ocr errors]
[ocr errors]

12

be

be admitted by any of the said Courts of Suddur Dewanny Adawlut after the First Day of January One thousand eight hundred and forty-six.

to be considered as abandoned

II. And be it enacted, That any Appeal to be admitted by any Appeals adof the said Courts of Suddur Dewanny Adawlut after the said mitted after First Day of January One thousand eight hundred and forty-six shall be considered and be held to be abandoned and withdrawn by Consent of the Parties thereto, unless some Proceedings shall by Consent, be taken in England in the same by One or more of the Parties unless, &c. thereto within Two Years after Registration at the Council Office of the Arrival of the Transcript; and any such Appeal as aforesaid shall be held to be abandoned and withdrawn in like Manner under any other Circumstances which Her Majesty in Council may from Time to Time by any Orders or Rules in that Behalf direct to be taken and considered as a Withdrawal thereof; and the East India Company are hereby required from Time to Time to ascertain and certify to the proper Courts in the East Indies all Appeals which may from Time to Time become abandoned and dropped under the Provisions of this Clause.

CA P. XXXI.

An Act to facilitate the Transmission and Extinction of
Heritable Securities for Debt in Scotland.

[30th June 1845.] WHEREAS it is expedient to facilitate the Transmission and

transferred in the Form pre

scribed.

Extinction of Heritable Securities for Debt 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, and Commons, in this present Parliament assembled, and by the Authority of the same, That where an Heritable Security Heritable Sehas been constituted by Infeftment the Right of the Creditor curities to be therein may be transferred, either in whole or in part, by an Assignation or other Deed of Conveyance, in the Form or as nearly as may be in the Terms set forth in the Schedule (No. 1.) hereto annexed; and on such Assignation or Conveyance being recorded in the General Register of Sasines, or in the Particular Register or Burgh Register of Sasines applicable to the Lands contained in the Security, the said Heritable Security shall be transferred to the Assignee as effectually as if such Heritable Security had been disponed and assigned, and the Disposition and Assignation or Conveyance had been followed by Sasine duly recorded according to the present Law and Practice; and such Assignee or Disponee shall thereupon be held to be fully entered as if he had obtained a Renewal of the Investiture in his Favour, according to the Law and Practice in use before the passing of this Act: Provided When Conalways, that where the Assignation or Conveyance of an Heritable veyance of Security constituted as aforesaid is contained in a Deed of Con- Security is veyance granted for further Purposes and Objects, or conveying contained in other Properties, such as a Marriage Contract, Deed of Trust or a general Deed Settlement, it shall not be necessary to record the whole of such of Conveyance, Deed, but it shall be sufficient to expede and to put upon record a notarial Instrument, setting forth generally the Nature of the need not be Deed recorded.

Z 2

Heritable

the whole of such Deed

Completion of Title of Heir by Writ of Acknowledg

ment from Proprietor.

Adjudgers to complete their Title by record ing the Abbreviate of Adjudi

cation.

Heir or General Disponee may complete Title by no. tarial Instru.

ment recorded.

Assignations,
Conveyances,
&c. to be regis-
tered forthwith.

Deed of Conveyance, and containing at length the Part of such
Deed which relates to and conveys the Security in question.

II. And be it enacted, That upon the Death of any Creditor fully vested in right of an Heritable Security constituted as aforesaid, it shall be competent for his Heir to complete his Title thereto by a Writ of Acknowledgment to be granted in his Favour by the Person duly infeft, of whom such Security is held, in the Form and as nearly as may be in the Terms set forth in Schedule (No. 2.) hereto annexed; and on such Writ being registered in the General Register of Sasines, or the Particular or Burgh Register respectively as aforesaid, the Heir in whose Favour such Writ has been granted shall be vested with the full Right of the Crediter in such Security, and shall be held to be entered with the Superior in like Manner and to the same Effect as the Creditor himself.

III. And be it enacted, That where an Adjudication of any Heritable Security, vested as aforesaid, has been brought against the Creditor in such Security, or against the Heir of such Creditor, it shall be competent for the Adjudger to complete his Title thereto by recording, in the General or Particular or Burg Registers of Sasines respectively as aforesaid, the Abbreviate of the Adjudication; which Registration shall have the same Effect as if the Adjudger had been entered and infeft on a Charte” of Adjudication.

IV. And be it enacted, That it shall be competent to the Heir duly served and retoured, or to the General Disponee of any Creditor, who was duly vested in an Heritable Security as abo mentioned, to complete his Title to such Security without the Intervention of the Superior, by expeding and recording an Instru ment under the Hands of a Notary Public, in the Form and as nearly as may be in the Terms set forth in Schedule (No. 3.) hereto annexed; and on such Instrument being registered in the General, Particular, or Burgh Registers respectively as above mea tioned, such Heir or Disponee shall be taken to be vested with the full Right of the Creditor in such Security and to be entered with the Superior, in the same Manner and to the same Effect as the Creditor himself.

V. And be it enacted, That Assignations and Conveyances d Heritable Securities, Writs of Acknowledgment in favour of Heirs or Instruments taken in favour of Heirs or Disponees, or Dis charges of Heritable Securities, presented for Registration in pur suance of this Act, shall be forthwith shortly registered in the Minute Books of the Register of Sasines in common Form, and shall, with all due Despatch, be fully registered in the Register Books, and thereafter re-delivered to the Parties, with Certificates of due Registration thereon, which shall be probative of suc Registration, such Certificates specifying the Date of Presentation and the Book and Folio in which the Ingrossment has been made. and being subscribed by the Keeper of the Register; and the Date of Entry in the Minute Book shall be held to be the Date of Registration, and Extracts of Writings, registered in pursuance of this Act, shall make Faith in all Cases, in like Manner as Writings registered, except where the Writings so registered are offered to be improven.

the

VI. And

« السابقةمتابعة »