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Debtors (Scotland) Act 1838

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This is the original version (as it was originally enacted).

XXLord Ordinary in the Outer House may recall or restrict Arrestments, subject to Review.

And be it enacted, That from and after the said Thirty-first Day of December 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.

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