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Debtors (Scotland) Act 1838

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This is the original version (as it was originally enacted).

XIExtract and Execution with Certificate of Registration to be presented in Sheriff Court for Warrant to imprison.

And be it enacted, That on the Execution being so recorded the Sheriff Clerk shall write upon the Extract and upon the Execution (if it be written on Paper apart) a Certificate of the Registration thereof, which he shall date and subscribe, in Terms of the Schedule (Number 7.) hereunto annexed (or as near thereto as Circumstances will permit) ; and if Warrant to imprison be desired, the Creditor or a Procurator of Court shall endorse and subscribe on the said Extract a Minute in the Terms of the Schedule (Number 8.) hereunto annexed (or as near to that Form as Circumstances will permit) ; and the said Clerk 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, imprison, and, if necessary for that Purpose, to open shut and lockfast Places as aforesaid: 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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