Parties interested may, upon Cause

shown, open up Audit of Accounts.

Accountant to make an annual Report of all

Judicial Fac

tories, which

Cautioner, and not by the Estate: Provided always, that no Objection stated on the Part of the Cautioner shall be any Ground for delaying any Consignation of any Balance ordered by the Accountant or otherwise giving immediate Effect to the Audit.

XVII. And be it enacted, That, either at the Termination of the Factory or during its Subsistence, it shall be competent for any Party beneficially interested in the Estate, or for any succeeding Factor, to make Appearance, and upon Cause shown to open up the Audit of all Accounts which have been audited by the Accountant in Absence of such Party or succeeding Factor, and also all Questions in the Accounting which have either not been submitted to the Decision of the Lord Ordinary or the Court or been reserved, and also all Questions which have been decided merely as between the Accountant and the Factor or between the Factor and some other Beneficiary, reserving always to the Factor and his Representatives their Answers and Defences as accords of Law; but if such Party or succeeding Factor shall so appear, and such Question shall be opened up and decided, the Judgment, if pronounced between the Factor and a Party beneficially interested, shall be final and conclusive as between them and their Representatives, and if pronounced between the Factor and succeeding Factor, shall be final and conclusive against the Factor and the Estate.

XVIII. And be it enacted, That the Accountant shall make an annual Report to the Court of Session, containing such Particulars as he may think fit, or as the Court may by Act of Sederunt or otherwise require, of all Judicial Factories, whether shall be printed. granted before or after the passing of this Act, then subsisting or remaining unsettled, and of his own Proceedings in reference to the same, and such annual Report shall be printed at the Cost of the Fee Fund established by this Act.

Accountant to make Requisitions and

Orders on the
Factor;

and to report to the Lord

Ordinary or the Court the

XIX. And be it enacted, That the Accountant shall make all such Requisitions or Orders on the Factor as he may consider necessary; and if such Requisition or Order shall be disobeyed or neglected, he shall report the same to the Lord Ordinary, giving previous Notice to the Factor or his Agent, who shall lodge Objections in Writing, if he any has, within Forty-eight Hours after such Notice; and the Lord Ordinary is hereby empowered, on considering such Requisition or Order with the Objections thereto, if any, to recal or vary, confirm or repeat, such Requisition or Order; and the Interlocutor of the Lord Ordinary shall be final and conclusive against the Accountant, and also against the Factor, unless he shall, at the Time of pronouncing Judgment, give Notice of his Intention to bring the Judgment under Review, in which Case the Lord Ordinary shall dispose of the Matter of Expenses and give any Interim Order that may be necessary, which Interim Order shall not be subject to Review.

XX. And be it enacted, That the Accountant shall, at all Times when requisite, report to the Lord Ordinary or the Court any Disobedience of any Requisition or Order, and any Misconduct Factor's Failure or Failure in Duty on the Part of a Factor, or any Člaims arising against a dismissed Factor or a Factor's Cautioner, or against the Representatives of a Factor or Cautioner deceased; and it shall be competent for the Lord Ordinary or the Court, on the Accountant's

in Duty.

countant's Report, to deal immediately with the Matter as accords of Law.

possess

When Malver-
sation sus-
pected, a Case to
be submitted to

Her Majesty's
Advocate.

Factories con

XXI. And be it enacted, That if the Accountant shall Information that shall lead him on reasonable Grounds to suspect Malversation or Misconduct on the Part of the Factor, such as may infer Removal or Punishment, he shall be entitled to lay a Case before Her Majesty's Advocate, who shall have Power to direct such Inquiry and to take such Proceedings by Petition and Complaint, or otherwise, as he shall think proper. XXII. And be it enacted, with regard to all Factories subsist- Provision as to ing at the Date of the passing of this Act, That if no Inventory stituted before and Rental has been lodged in Terms of the aforesaid Act of the passing of Sederunt, the Factor shall forthwith, after the passing of this the Act. Act, lodge a Rental, List of Funds, and Inventory of Moveables in manner provided by this Act, and the same shall be adjusted and signed as also herein-before provided; and if his Accounts shall be in arrear, he shall forthwith lodge the same, with the Vouchers, in the Manner provided by this Act, and the Accountant shall audit his Accounts in so far as not already audited; and the Factor shall, in reference to all Monies which may come into his Hands after the passing of this Act, consign the same in Bank, in manner and under the Penalties herein provided; and in reference to any Balance which may be in his Hands at the Date of the passing of this Act, he shall consign the same in Bank at latest before the First Day of June One thousand eight hundred and fifty, after which Date the Provisions of this Act for consigning Money shall apply to such Factor in all respects; and in all other respects the whole Provisions of this Act shall take effect from and after the passing thereof, in regard to Factories constituted before the passing of this Act, in so far as the same admit of Application thereto.

perate.

XXIII. And be it enacted, in regard to all Factories constituted Provision as to before the passing of this Act, That any Settlement made of any past Factories such Factory, though informal, shall be held as a prima facie settled or desinformally Discharge to the Factor, and the Accountant shall not report the same as a subsisting Factory, or require further Proceedings therein, but reserving the Right of all Parties interested in the Estate to show Cause to the Accountant or the Court why such Settlement should not be held as a Discharge to the Factor, in which Case, if the Cause shown shall be satisfactory to the Accountant or the Court, the Factory shall be held as subsisting and be proceeded with; and in any such Factory in which, though there has been no Settlement, it shall appear that no Benefit is likely to be derived by the Parties interested in the Estate from farther Proceedings therein, and no Party interested shall make Appearance and require such Proceedings, the Accountant shall place amongst the Papers connected with the Estate a Memorandum of the Circumstances, and shall state in his Report that further Proceedings are for the present unadvisable.

XXIV. And whereas there is at present a great Arrear in auditing the Accounts of Judicial Factors in the Factories now existing, and it may be beyond the Power of the Accountant

to bring up such Arrear with the Aid only of his ordinary Establishment: Be it enacted, That it shall be lawful for the 12 & 13 VICT.

N

Commis

Power to Treasury to appoint

additional Clerks to bring

up Arrears.

Act made applicable to Tutors of Law,

Tutors-dative, and Curators to

Insane Persons.

Bonds of Cau

Commissioners of Her Majesty's Treasury, or any Three or more of them, to appoint such additional Clerks as may be required for that Purpose, but during such Time only as such additional Assis. tance shall be required for such Purpose, and to permit such Clerks to be remunerated out of the Fee Fund hereby established by Salary or otherwise.

XXV. And be it enacted, That, except as to the Mode of Appointment and Caution, the Provisions of this Act relating to Judicial Factors, or relating to the Office, Powers, and Duties of the Accountant appointed by this Act, shall be applicable, in So far as the same admit of Application, to every P'erson who, after the passing of this Act, shall be served Tutor of Law to any Pupil, or appointed Tutor-dative to any Pupil or Insane Person. or Idiot, or served Curator to any Insane Person or Idiot.

XXVI. And be it enacted, That, from and after the passing of tion for Tutors this Act, in every Service of a Person as Tutor of Law to a Pupil, and Curators. or as Curator to an Insane Person or Idiot, there shall, besides the Obligations usually inserted therein, be inserted in the Bond of Caution taken by the Clerk in such Service an Obligation to observe and perform every Duty incumbent on such Person, in Terms of the Rules prescribed or to be prescribed for the Discharge of his Office in all respects, together with a Consent to Registration in the Books of Council and Session for Execution; and such Bond of Caution shall be transmitted, with the other Steps of Procedure, to the Director of Chancery, who shall forthwith transmit the same to the Accountant; and no Extract of the Retour in such Service shall be given out, nor any Letters of Tutory or Curatory be issued thereon, until such Bond of Caution shall have been received by the Director of Chancery; and in Bonds of Caution to be taken in the Court of Exchequer from Tutors-dative to Pupils or Insane Persons or Idiots there shall, besides the usual Obligations, be inserted an Obligation to the Effect aforesaid; and such Bonds of Caution shall remain in the Court of Exchequer, according to the Rules of that Court.

Amount of Caution for Factors, &c. limited, and Bonds of Caution, &c. taken.

Certified Copy
of Letters of
Tutory or
Curatory to

form the Basis
of a summary
Process.

XXVII. And be it enacted, That it shall be lawful for the Court of Session or Court of Exchequer, as the Case may be, to limit upon Cause shown the Caution to be found by Factors and Tutors and Curators to a specified Amount, and also to authorize, if they shall deem it expedient, Bonds or Policies of the British Guarantee Association, or other public Company incorporated by Act of Parliament or Royal Charter carrying on Guarantee Business within Scotland, to be accepted and taken instead of Bonds of Caution by private Individuals.

XXVIII. And be it enacted, That whenever the Director of Chancery shall issue Letters of Tutory or Curatory, proceeding on any Service or Gift dated after the passing of this Act, he shall transmit a certified Copy of such Letters to the Accountant, who, after making an Entry thereof in his Books, shall transmit the same to One of the Principal Clerks of Session in order of Seniority and by Rotation; and such certified Copy, when so transmitted, shall be held as establishing a summary Process in regard to the Estate to which such Letters relate before that Division of the Court to which such Clerk shall belong, to the same Effect as if the Tutor or Curator to whom such Letters are issued had been

appointed

appointed Judicial Factor by the Court on a Petition in ordinary Form; and such certified Copy shall be held for the Purposes of this Act as equivalent to such Appointment.

put themselves

XXIX. And be it enacted, That any Person who before the Tutors, &c. passing of this Act shall have been served Tutor of Law to served before any Pupil, or appointed Tutor-dative to any Pupil or Insane Person the passing of this Act may or Idiot, or served Curator to any Insane Person or Idiot, shall with Consent of his Cautioner have Right at any Time during under its Prothe Continuance of his Office to place himself and his Cautioner visions. and the Estate under the Provisions of this Act, by presenting to the Director of Chancery a written Statement of his Desire to that Effect, signed by himself and his Cautioner and duly attested, and the Director of Chancery shall retain such Statement, and shall transmit a certified Copy thereof, and of the Letters of Tutory or Curatory issued to the Applicant, to the Accountant, who shall transmit the same to one of the Principal Clerks of Session in the Manner aforesaid, and such certified Copies when so transmitted shall be held as establishing a summary Process in regard to the Estate as aforesaid, and the whole Provisions of this Act shall thereafter be applicable to the said Tutor or Curator and his Cautioner and the Estate in the same Manner as if such Tutor or Curator had been served or appointed after the passing of this Act, and the Tutor or Curator and his Cautioner shall be held as bound for due Fulfilment of all the Provisions of this Act accordingly.

Rental, List,

and Inventory to be equivalent to tutorial or curatorial

XXX. And be it enacted, That the Rental, List, and Inventory lodged with the Accountant in Terms of this Act by any Tutor or Curator as aforesaid shall be held as equivalent to the tutorial or curatorial Inventory directed to be given up by an Act of the Scottish Parliament, passed in the Year One thousand six hundred Inventory. and seventy-two, intituled Act concerning Pupils and Minors, and their Tutors and Curators; and the Report of any additional Funds or Property belonging to the Pupil or Insane Person or Idiot, in Terms of this Act, shall be held as equivalent to an Eik to a tutorial or curatorial Inventory in Terms of the said recited Act which is hereby repealed, in so far as may be necessary to give Effect to these Enactments, but no farther.

XXXI. And be it enacted, That the Court shall have Power, on Resignation,&c. Cause shown, to remove or accept the Resignation of any Tutor or of Tutors and Curator coming under the Provisions of this Act, and to appoint a Factor loco tutoris or Curator bonis in his Room.

Curators.

tors, &c. not

XXXII. And be it enacted, That nothing herein contained Remuneration shall be held to confer on any such Tutor or Curator a Right not and Responnow existing in Law to Remuneration for the Discharge of the sibility of FacDuties attached to his Office, or to limit his Powers or alter the altered. Rules of his Responsibility as by Law now existing, excepting in so far as is herein expressly provided.

Information

XXXIII. And be it enacted, That the Accountant shall have Accountant Power to require the Officers of any Bank with which any Factor may require or Tutor or Curator shall have opened an Account for the Estate from Banks under his Care, to exhibit all Entries in the Books of such Bank connected with such Estate, and the Officers of such Bank are hereby required to exhibit the same accordingly, and to allow the Accountant to take such Copies thereof as he may require.

Discharge of

Factors, Tutors, and Curators.

Accountant to be Custodier of Bank Re. ceipts.

Records in the Accountant's Office to be open for Inspection.

Banks to accumulate Prin

cipal and
Interest on

Accounts and
Deposits.

XXXIV. And be it enacted, That it shall be competent for any Factor, Tutor, or Curator, at the Termination of his Office, to present a Petition to the Court for his Discharge, calling all Persons interested in the Estate, so far as known to him, as Parties to such Petition, and the Court shall order such Intimation and Service as they may think fit; and it shall be competent to any Persons so called, or to any other Persons showing Right and Interest, to appear as Parties, and upon Cause shown to open up the Audit of the Factor's Accounts, and thereafter, and after receiving the Report of the Accountant, and making any further Inquiry which may be necessary, the Court shall pronounce Judgment thereon; and such Judgment, if it shall discharge such Factor, Tutor, or Curator, shall be final and conclusive against all Parties concerned, though pronounced in Absence, provided the same shall not be opened up as a Decree in Absence in the Court of Session within the Time limited for appealing to the House of Lords, or shall not be appealed from within that Time.

XXXV. And be it enacted, That the Accountant shall be the Custodier of all Bank Deposit Receipts and other Vouchers for Sums of Money already placed or to be hereafter placed in Bank under Authority of the Court, and of all judicial Bonds of Caution and other judicial Bonds granted or to be granted under the Authority of the Court or any of the Judges thereof, or in reference to the Business thereof, and all other Documents of a like Nature, which, according to the present Law or Practice, are intrusted to the Keeping of the senior Principal Clerk of Session, who, after the Commencement of this Act, shall cease to discharge his present Duty as Custodier of such Documents, and shall transfer all such Documents as are in his Possession to the Accountant; and thereafter the Clerk in each Process in which Consignation is made shall lodge all such Bank Receipts and Bonds or Vouchers in the Hands of the Accountant, whose Acknowledgment therefor shall be an Acquittance to such Clerk.

XXXVI. And be it enacted, That the whole Records and Papers relating to Factories, Tutories, and Curatories retained in the Accountant's Office shall be open to Inspection on Payment of such Fees as may be fixed by the Court; but shall remain in the Office, and not be lent out unless under Authority of the Court or of the Lord Ordinary, and Copies therefrom, attested by the Accountant, shall have the same Authority as the Originals themselves, and shall be furnished to any Party requiring the same, on Payment therefor of such Fees as may be fixed by the Court; and such Fees for Inspection and attested Copies shall be paid weekly by the Accountant into the Fund herein-after established.

XXXVII. And be it enacted, That from and after the passing of this Act every Bank in Scotland with which any Money shall have been or shall be deposited or lodged by any Judicial Factor, Tutor, or Curator, or under Authority of any Court in Scotland, or with reference to any Suit in any Court in Scotland, whether on Deposit Receipt or on Account Current, or otherwise, shall once at least in every Year accumulate the Interest with the Principal Sum, so that both shall thereafter bear Interest together as Principal; and any Bank failing so to do shall be liable to account as if such Money had been so accumulated.