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Debtors (Scotland) Act 1838

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This is the original version (as it was originally enacted).

VI. Extract and Execution with Certificate of Registration to be presented in the Bill Chamber for Warrant to imprison.

And be it enacted, That on the Execution being so recorded the Keeper of the Register shall write upon the Extract and upon the Execution (if it be written on Paper apart) a Certificate of the Registration thereof in Terms or to the Effect of the Schedule (Number 3.) hereunto annexed, which he shall date and subscribe; and if Warrant to imprison be required, a Writer to the Signet shall indorse and subscribe on the Extract a Minute to the Effect of the Schedule (Number 4.) hereunto annexed (or as near to that Form as Circumstances will permit); and the Extract, with the Execution and Certificate of Registration and endorsed Minute, shall be presented in the Bill Chamber of the Court of Session, and the Clerk thereof shall, if there be no lawful Cause to the contrary, write on the Extract this Deliverance, " Fiat ut petitur" and shall date and subscribe the same ; and it shall be lawful by virtue of the said Extract and Deliverance to search for, take, apprehend, and imprison the Debtor or Obligant, and, if necessary for that Purpose, to open shut and lockfast Places -, and Magistrates and Keepers of Prisons are hereby authorized and required to receive into and detain in Prison the Person of the Debtor or Obligant till liberated in due Course of Law, in like Manner as if Letters of Caption had been issued under the Signet.

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