Search Legislation

Debtors (Scotland) Act 1838

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Debtors (Scotland) Act 1838 (without Schedules)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Debtors (Scotland) Act 1838. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

2—15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

[16F3Warrant to arrest may be introduced into summonses before the Court of Session.U.K.

It shall be lawful to insert in summonses raised before the lords of council and sessions concluding for payment of money a warrant (or will) to arrest the moveables, debts, and money belonging or owing to the defender until caution be found, acted in the books of council and session, that the same shall be made forthcoming as accords of law; and it shall be lawful to writers to the signet to subscribe and to the keeper thereof and his deputies to affix the signet to such summonses without any other authority than this Act.]

Textual Amendments

F3S. 16 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

F417 Arrestment may be executed before executing the summons, but the summons must be executed and called within a limited period.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4S. 17 repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 9, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)

[18F5Arrestments against persons furth of the kingdom to be executed at the record office.U.K.

It shall not be competent to execute any arrestment as in the hands of a person furth of Scotland by service at the market cross of Edinburgh, and pier and shore of Leith; but such arrestment shall be executed by delivery of a schedule of arrestment at the record office of citations in the Court of Session, which delivery shall be made and the schedule registered and published in the same manner as charges are directed to be registered and published by the Court of Session Act 1825.]

Textual Amendments

F5S. 18 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

[20F7Lord ordinary in the outer house may recall or restrict arrestments, subject to review.U.K.

It shall be competent to the lord ordinary in the Court of Session before whom any summons containing warrant of arrestment shall be enrolled as judge therein, or before whom any action on the dependence whereof letters of arrestment have been executed has been or shall be enrolled as judge therein, and to the lord ordinary on the bills in time of vacation on the application of the debtor or defender by petition duly intimated to the creditor or pursuer, to which answers may be ordered, to recall or to restrict such arrestment, on caution or without caution, and dispose of the question of expences, as shall appear just; provided that his judgment shall be subject to the review of the inner house by a reclaiming note duly lodged within ten days from the date thereof.]

Textual Amendments

F7S. 20 repealed (S.) (5.9.1994) by S.I. 1994/1443, para. 3(2), Sch. 4

21 Sheriff may recall or restrict arrestments, subject to review.U.K.

It shall be competent for any [F8sheriff principal] from whose books a warrant of arrestment has been issued, on the petition of the debtor or defender duly intimated to the creditor or pursuer, to recall or to restrict such arrestment, on caution or without caution, as to the [F8sheriff principal] shall appear just; provided that the [F8sheriff principal] shall allow answers to be given in to the said petition, and shall proceed with the further disposal of the cause in the same manner as in summary causes, and his judgment shall be subject to review in the Court of Session.

Textual Amendments

F8Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F922 Arrestments to prescribe in three years.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9S. 22 repealed (1.4.2008 for specified purposes and 22.4.2009 in so far as not already in force) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3(2)(3), Sch. 2 (with arts. 4-6, 9, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3); S.S.I. 2009/67, art. 3(2)(3), Sch. 2 (with arts. 4-6)

23—31.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10U.K.

32 Citations, &c. One Witness.U.K.

Extracts, citations, deliverances, schedules, and executions may be either printed or in writing, or partly both, and . . . F11, more than one witness shall not be required for service or execution thereof.

Textual Amendments

Modifications etc. (not altering text)

C2S. 32 excluded in part (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3

33, 34.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

Textual Amendments

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13U.K.

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

Textual Amendments

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources