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Writs Registration (Scotland) Act 1868
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Writs Registration (Scotland) Act 1868
1868 CHAPTER 34 31 and 32 Vict
An Act to alter some provisions in the existing Acts as to registration of writs in certain registers in Scotland.
[25th June 1868]
Scots Act 1685 c. 47.
Whereas by an Act of the First Parliament of His Majesty King James the Seventh, held at Edinburgh in the Year One thousand six hundred and eighty-five, intituled Act concerning the registration of writs in the books of session, certain provisions were made as to the registering and extracting of writs registered in the books of council and session, and for the better securing of the leiges and preservation of principal writs, and it was by the said Act statute and ordained, inter alia, that there shall be two minute books kept in every office, in the one whereof there shall be set down the title of writs given in to be registrate, the name of the giver-in, and the date of the ingiving, which is to be subscribed by the clerk or his substitute aforesaid; and all writs so given in shall be booked within the space of one year after the ingiving; and if any party, or one employed by him, shall desire up a writ given in within the space of six months after its ingiving, then the title of the writ, the name of the party, and the date of both ingiving and outgiving of the said writ, shall be insert in the other minute book, and be subscribed by the receiver thereof, that as the one minute book doth charge, so the other minute book may discharge, the clerk of such writs, and that no writ given in shall be taken out after the same is booked:
And whereas the giving up of writs to the parties or others employed by them after the same have been given in to be registered in the books of council and session has caused inconvenience, and has been found to interfere with the due and regular booking of the writs; and it is expedient, and will tend to greater regularity and security, that writs, after having been given in to be registered in the books of council and session, should not be given up, but should remain in the custody of the keepers of the registers, subject to the authority and control of the lords of council and session, before being booked in like manner as after being booked:
Modifications etc. (not altering text)
C1Short title “The Writs Registration (Scotland) Act 1868” given by Short Titles Act 1896 (c. 14)
C2Words of enactment and certain other words repealed by Statute Law Revision Act 1893 (c. 14)
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