Debtors (Scotland) Act 1838

Schedule referred to in the foregoing Act. No. 1.

Warrant to be subjoined to Extracts in the Court of Session, &c

And the said Lords grant Warrant to Messengers at Arms in Her Majesty's Name and Authority to charge the said A. personally, or at his Dwelling Place, if within Scotland, and if furth thereof by delivering a Copy of Charge at the Record Office of the Keeper of the Records of the Court of Session, [state what the Party is decerned to do ; if to pay Money, specify the Sum, Interest, and Expences ; or if to fulfil an Obligation, specify it as in the Decree or other Document,] and that to the said B. [specify the Name of the Person in whose Favour the Decree is pronounced] within [insert the appropriate Days] next after he is charged to that Effect, under the Pain of Poinding and Imprisonment, [if the Sum or any Part thereof be payable at a future Time, add here,

“the Terms of Payment being always first come and bygone ;”] and also grant Warrant to arrest the said A.'s readiest Goods, Gear, Debts, and Sums of Money in Payment and Satisfaction of the said Sum, Interest, and Expences; and if the said A. fail to obey the said Charge, then to poind the said A's. readiest Goods, Gear, and other Effects, and, if needful for effecting the said Poinding, grant Warrant to open all shut and lockfast Places in form as effeirs. Extracted [specify Place and Date]. [Extractor's Signature.] No. 2.

Execution of Charge

Upon the ___________ Day of _________ I _______________ Messenger at Arms [or Officer of Court], by virtue of [state Nature and Date of Extract and Decree, or Document whereupon it proceeds,] at the Instance of B. [specify Name and Designation of Creditor] against A. [specify Name and Designation of Debtor or Obligant] passed and in Her Majesty's Name and Authority lawfully charged the said A. to [state what the Party has been charged to do ; if to pay Money, specify the Sum, Interest, and Expences ; or if to fulfil an Obligation, specify it as in the Extract], and that to the said B. within _________ Days next after the Date of my said Charge, under the Pain of Poinding and Imprisonment. This I did by [state Mode of Execution, whether personally or otherwise,] before and in Presence of C, Witness to the Premises. [ Officer's Signature.] [Witness's Signature.] No. 3.

Certificate of Registration of Execution of Charge

Presented by A. B. [state Name and Designation], and registered in the General Register of Hornings on the _________ Day of _________ . [Keeper's Signature.] No. 4.

Minute in Bill Chamber for Warrant to imprison

[Place and Date.] The Charge being expired and registered as per Execution and Certificate produced, Warrant is craved to search for, take, and apprehend the Person of the said A. [specify Name of Debtor or Obligant], and being so apprehended to imprison him within a Tolbooth or other warding Place, therein to remain until he fulfil the said Charge, and, if necessary for that Purpose, to open shut and lockfast Places ; and Warrant also to Magistrates and Keepers of Prisons to receive and detain the said A. accordingly. (Signed) A.B., W.S. [ The Clerk will subjoin] Fiat ut petitur. [Dated and signed by the Clerk.] No. 5.

Minute by Assignee, &c

[Place and Date.] Warrant is craved [state what is prayed for] at the Instance of [specify Name and Designation of the Applicant] as [Assignee or otherwise, as the Case may be], of [specify Name and Designation of the Person at whose Instance the Extract was issued]. Produced herewith [Assignation or Confirmation, or other legal Evidence of the acquired Right, as the Case may be]. Dated the ______ Day of _____ [and if for Imprisonment, Execution of expired Charge and Certificate of Registration shall be produced and Warrant craved as in No. 4.] (Signed) A. B. [ The Clerk will subjoin] Fiat ut petitur. [Dated and signed by the Clerk.] No. 6.

Warrant to be subjoined to Sheriff Court Extracts

And I the said Sheriff grant Warrant to Messengers at Arms and Officers of Court to charge the said A. personally, or at his Dwelling Place [state what the Party is decerned to do ; if to pay Money, specify the Sum, Interest, and Expences ; or if to fulfil an Obligation, state the Nature of it, as in the Decree or other Document], and that to the said B. [Name of the Person in whose Favour the Decree is pronounced], within [insert the appropriate Days] next after he is charged to that Effect, under the Pain of Poinding and Imprisonment, [if the Sum or Document or any Part be payable at a future Time add here,

“the Terms of Payment being first come and bygone ;”] and also grant Warrant in Satisfaction of the said Sum, Interest, and Expences to arrest the said A.'s readiest Goods, Debts, and Sums of Money; and if the said A. fail to obey the said Charge, then to apprize, poind, and distrain all the said A.'s readiest Goods, Gear, and other Effects; and, if needful for effecting the said Poinding, grant Warrant to open all shut and lockfast Places in form as effeirs. Extracted, &c. [Extractor s Signature.] No. 7

Certificate of Registration of Execution of Charge in Sheriff Court

Presented by A.B. [Name and Designation], and registered in the particular Register of Hornings for the Shire of __________ on the _________ Day of ___________ . [Keeper or Clerk's Signature.] No. 8.

Minute in Sheriff' Court for Warrant to imprison

[Place and Date.] The Charge being expired and registered as per Execution and Certificate produced, Warrant is craved to search for, take, and apprehend the Person of the said A. [Name of Debtor or Obligant], and being so apprehended to imprison him within a Tolbooth or other warding Place, therein to remain until he fulfil the said Charge, and, if necessary for that Purpose, to open shut and lockfast Places ; and Warrant also to Magistrates and Keepers of Prisons to receive and detain the said A. accordingly. (Signed) A.B. [ The Clerk will subjoin] Fiat ut petitur. [Dated and signed by the Clerk.] No. 9.

Minute in Sheriff Court by Assignee, &c

[Place and Date.] Warrant is craved [state what is prayed for] at the Instance of [specify Name and Designation of the Applicant,] as [Assignee or otherwise, as the Case may be,] of [specify Name and Designation of the Person at whose Instance the Extract was issued and in whose Right the Applicant is,] produced herewith, [say Assignation or Confirmation, or other legal Evidence of the acquired Right, as the Case may be.] Dated the ________ Day of ________ , [and if for Imprisonment, Execution of expired Charge and Certificate of Resignation shall be produced and Warrant craved to imprison as in No. 8.] (Signed) A.B. [ The Clerk will subjoin] Fiat ut petitur. [Dated and signed by the Clerk.] No. 10.

Minute for Warrant of Concurrence

[Place and Date.] Warrant of Concurrence by the Lords of Council and Session is craved at the Instance of [specify Name and Designation of Applicant] for executing the within Warrant against the within-designed [specify Name of Debtor or Obligant]. _________________________ A.B. [If the Application is to a Sheriff, leave out " Lords of Council and Session," and say Sheriff of (inserting the Shire).] [The Clerk of the Bills or the Sheriff Clerk, as the Case may be, will subjoin] Fiat ut petitur. [Dated and signed by the Clerk of the Bills or Sheriff Clerk, as the Case may be.]