Power to the Sederunt. Lords of Session for that Purpose, or in which the Sheriff of Edinburgh is in use to sit for the Trial of any Brieve. XXVIII. And be it enacted, That it shall be competent Court of Session to the said Court of Session and they are hereby authorized to pass Acts of and required, from Time to Time to pass such Acts of Sederunt as shall be necessary or proper for regulating in all respects the Proceedings under this Act before the Sheriff of Chancery or Sheriffs of Counties, and following out the Purposes of this Act; and the Fees to be paid in respect of any of the Proceedings to be taken in virtue hereof, and also the Charges to be made by Agents and Solicitors, whether in the Inferior Court or Court of Session, for any Proceedings under this Act, shall be audited and taxed in the same Manner as Charges for other judicial Proceedings in the said Courts respectively are audited and taxed. Appointment of cery. XXIX. And be it enacted, That it shall be lawful for Her Sheriff of Chan- Majesty from Time to Time to appoint a fit Person, being a Person qualified for the Office of Sheriff of a County in Scotland, to be the Sheriff of Chancery for the Purposes of this Act, and also to appoint a fit Person to act both as Sheriff Clerk of Chancery and as Clerk to the Presenter of Signatures in Exchequer. Sheriff of Chan cery, ifrequired, to discharge the Duties of Pre senter of Signa tures. Agents may practise before Sheriff Courts. Payment of the Chancery. XXX. Provided always, and be it enacted, That the Sheriff of Chancery shall, when authorized and required by the Lord Justice General and President of the Court of Session, discharge the Duties at present or which may hereafter be attached to the Office of Presenter of Signatures, or any Part of these Duties, and that during such Part of the Year as may be required of him. XXXI. And be it enacted, That it shall be lawful and competent for Agents qualified to practise before the Court of Session or before any Sheriff Court to practise before the Sheriff of Chancery as wellas in the ordinary Sheriff Courts in Petitions of Service. XXXII. And be it enacted, That the Sheriff of Chancery and Sheriff Clerk of Chancery shall respectively receive such Sheriff' Clerk of Salaries in respect of their Offices as shall be from Time to Time fixed by the Lord High Treasurer of the United Kingdom of Great Britain and Ireland, or by the Commissioners of Her Majesty's Treasury of the said United Kingdom, or any Three or more of them, and such Salaries shall be payable out of the Fees receivable in the Office of Chancery, and form a Part of the incidental Expences of the said Office, and shall be stated and audited in the public Accounts of the Director and Clerks of Chancery. Salary to be re. of the Treasury on Vacancy: XXXIII. And be it enacted, That whenever any Vacancy gulated by the shall occur in the Office of Sheriff of Chancery it shall be lawful Commissioners for the Commissioners of Her Majesty's Treasury, or any Three or more of them, to regulate the Salary of the Sheriff of Chancery as the then Circumstances of the Office may require. XXXIV. And be it enacted, That it shall be lawful for any Person who conceives that he is entitled to Compensation for Compensation, how to be ap plied for. Loss Loss to be suffered through the Operation of this Act to make Application to the Lord High Treasurer, or to the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the Time being, claiming such Compensation; and it shall be lawful for the said Lord High Treasurer or Commissioners of Her Majesty's Treasury to investigate such Claim, and call for such Evidence in relation thereto as he or they may think necessary; and upon such Claim being established to his or their Satisfaction the said Lord High Treasurer or Commissioners of Her Majesty's Treasury, or any Three of them, is and are hereby authorized and empowered to award to such Person such Compensation as he or they shall think him entitled to, either by the Payment of a gross Sum or by way of Annuity, as he or they shall think proper: Provided always, that a Copy of every such Award for Compensation shall be laid before both Houses of Parliament within Ten Days from the Date thereof, if Parliament shall be then sitting, and if not, then within Ten Days after the Commencement of the Session next ensuing, and no such Award shall be final and conclusive until Two Months after the same shall have been so laid before Parliament; provided also, that if any Person to whom Compensation shall be so awarded by way of Annuity shall be afterwards appointed any other public Office, such Compensation shall be accounted pro tanto of the Salary payable to such Person in respect of such other Office while he shall continue to hold the same. to XXXV. And be it enacted, That the several Compensa- Compensation, tions which may be awarded under the Authority of this Act how to be paid. shall be payable and paid out of the Monies which by the Acts of the Seventh and Tenth Years of the Reign of Her Majesty Queen Anne were made chargeable with the Fees, Salaries, and other Charges allowed or to be allowed for keeping up the Courts of Session, Justiciary, or Exchequer in Scotland. XXXVI. And be it enacted, That the following Words Interpretation and Expressions in this Act shall have the several Meanings of Act. hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,) Words importing the Singular Number shall include the Words importing the Masculine Gender shall include The Word "Month" shall mean Calendar Month: The Word "Lands" shall extend to and include Teinds, The Word "Sheriff" shall include Sheriff Substitutes and the Hh Act may be amended, &c. Act may be XXXVII. And be it enacted, That this amended or repealed by any Act to be passed during the present Session of Parliament. SCHEDULES to which the foregoing Act refers. SCHEDULE (A.) Form of Petition of General Service. Unto the Honourable the Sheriff of [specify the County, or say "of Chancery,"] the Petition of A. B., [here name and design the Petitioner,] Humbly showeth, That the late C.D. [here name and design the Ancestor to whom Service is sought] died on or about the of Day , and had, at the Time of his Death, his ordinary or principal Domicile in the County of [or furth of Scotland, as the Case may be]. That the Petitioner is the eldest Son and nearest lawful Heir [or state what other Relationship or Character of Heir the Party bears, and if the Service is as Heir of Provision, say, "nearest lawful Heir of Provision, under and by virtue of a Deed executed by E. F., dated the in General of the said C. D. Day of "] May it therefore please your Lordship to serve the Petitioner nearest and lawful Heir in General to the said C.D. [or whatever other Character of Heir is sought to be established here set it forth]. According to Justice, &c. (Signed by the Petitioner or his Mandatory.) SCHEDULE (B.) Form of Petition of Special Service. Unto the Honourable the Sheriff of [specify the County, or say "of Chancery,"] the Petition of A.B., [here name and design the Petitioner,] Humbly showeth, Day of That the late C.D. [here name and design the Ancestor] died on or about the last, vest and seised in [here describe the Lands or Subjects with reference to which the Service is sought] conform to Charter, [or Disposition or Precept of Clare constat, or whatever else was the Deed on which the Ancestor's Infeftment proceeded here specify it,] dated Day of and to Instrument of the Day of Register That the Petitioner is the eldest Son and nearest lawful Heir [or state what other Relationship or Character the Party bears, and and if the Service is as Heir of Provision, say, "nearest lawful Heir of Provision," or "of Tailzie and Provision"] in Special of the said C.D. in the Lands and others foresaid. (If it is wished to embrace a Service in General where the Service in Special is as Heir of Line or Heir Male, say "That the Petitioner is likewise Heir in General [or Heir Male in General] of the said C. D.," and at the End of the Prayer add, " and likewise as Heir in General [or Heir Male in General] of the said C.D.") May it therefore please your Lordship to serve the Petitioner nearest and lawful Heir in Special of the said deceased. C. D. in the Lands and others above described [or whatever else is the Character of Heir sought to be established here set it forth as above]. According to Justice, &c. (Signed by the Petitioner or his Mandatory.) Day of No te. When the Lands are held under a Deed of Entail, here add "But always with and under the Conditions and Provisions, and prohibitory, irritant, and resolutive Clauses, contained in a Deed of Entail granted by G.H. [here name and design the Granter] on the in favour of I.K. and the Heirs [here insert the whole Destination of the Entail], and which Conditions and Provisions, and Clauses prohibitory, irritant, and resolutive, are herein referred to, as at Length set forth in the said Deed of Entail, which is recorded in the Register of Entails on the [or as at Length set forth in the above-mentioned registered Sasine in favour of the Deceased, or as at Length set forth in any other Instrument of Sasine duly registered," or, if the Petitioner prefer it, he may here fully insert them.] And where there are any Real Burdens, Restrictions, or Qualifications of any Kind, either proper to be inserted or referred to, insert them here, or refer to them as at Length set forth in the registered Sasine of the Deceased, or in some previous Instrument of Sasine duly registered. Day of When there is an Entail, say at the End of the Prayer of the Petition, "But always under the Conditions, Provisions, Restrictions, Clauses prohibitory, irritant, and resolutive, and others above referred to or above written ;" and where there are Real Burdens, &c., say, "But always with and under the Real Burdens, &c. above referred to or above written." SCHEDULE (C.) Form of an Instrument of Sasine on an Extract Decree of Special Service. At there was [by or] on behalf of A. B. [here state the Heir's Name and Designation] presented to me, Notary Public, subscribing an Extract Decree of Special Service obtained before the Sheriff of [or the Sheriff of Chancery], on the [here insert the Date of the Decree], whereby the said Sheriff found that the late C.D. [here name and design the Ancestor] died last vest and seised as of Fee in [here describe Hh 2 the the Lands or other Subjects], and that the said A.B. is the nearest and lawful Heir in Special of the said deceased C.D. in the Lands and others aforesaid [or whatever else is the Character of Heir mentioned in the Decree here set it forth; and if there is an Entail, &c., add the qualifying Words as in the Decree,] and which Extract Decree of Special Service contains a Precept of Sasine in the following Terms, videlicet [here insert the Precept verbatim]. In virtue of which Precept I hereby give Sasine to the said A. B. of the Lands and others above described. In witness whereof I have subscribed these Presents written on this and the preceding Pages by E. F., my Clerk, before these Witnesses, the said E. F. and G. H. my Apprentice. E.F., Witness. G.H., Witness. (Signed) L.K., Notary Public. Note. When the Lands are held under a Deed of Entail, or when there are Real Burdens, Restrictions, Reservations, or other Qualifications, insert or refer to them as in the Decree. SCHEDULE (D.) Forms for a General Service where it is to be limited in its Effects by a Specification annexed. (1.) The Petition will be in the Form of Schedule (A.), adding at the Close of the Statement of the Petitioner, "But the Petitioner desires that his General Service shall be limited to the Contents of the Specification annexed;" and adding at the Close of the Prayer of Petition, "but under Limitation as aforesaid to the Contents of the Specification annexed." (2.) Specification of the Lands and other Heritages which belonged to the deceased C.D. referred to in the Petition for General Service presented to the Sheriff of by A. B. as Heir of in General to the said deceased C.D. [Here insert a Description of the Lands and other Heritages intended to be included in the Service, distinguishing each separate Property or Heritage, if there are more than One, by a separate Number.] (Signed by the Petitioner or his Mandatory.) CAP. XLVIII. An Act to facilitate the Transference of Lands and other Heritages in Scotland not held in Burgage Tenure. [25th June 1847.] WHEREAS it is expedient to facilitate the Transference of Lands and other Heritages in Scotland, and to render the same less expensive, and for that Purpose to amend the • Law |