Sheriff Courts Consignations (Scotland) Act 1893

1893 CHAPTER 44

An Act to make provision in regard to the Consignation of Money in the Sheriff Courts in Scotland.

[12th September 1893]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 Short title and extent.

This Act may be cited as the Sheriff Courts Consignations (Scotland) Act, 1893, and shall apply to Scotland only.

2 Definition.

In this Act the expression " consignation " shall extend and apply to any sum of money received by any sheriff clerk for deposit or consignation in any cause or proceeding in the ordinary sheriff court, or the small debt court or debts recovery court, whether by order of court or otherwise, and shall include any sum of money lodged by way of caution or security in corroboration of any bond, civil or criminal.

3 Consignations to be entered in books kept at each sheriff court.

At the principal seat of the sheriff court in each county in Scotland, and at each other place in such county at which an ordinary court is held by the sheriff substitute, all consignations shall be entered by the sheriff clerk in a book or books to be kept by him for the purpose in such form as the court of session may from time to time by Act of Sederunt prescribe, and it shall be the duty of the sheriff clerk to specify full particulars of each consignation, and any person interested shall be entitled, free of charge, to inspect such book at any time that he may desire to do so.

4 Consignations to amount of fire pounds to be deposited in bank.

Within ten days after consignation is made of any sum of money amounting to not less than five pounds the sheriff clerk shall lodge the same in a bank approved by the sheriff on deposit receipt, and the deposit receipt therefor shall be taken in name of the sheriff clerk of the county and his successors in office, and shall bear on the face of it the name of the party or parties on whose behalf it is consigned, and of the cause or proceeding or bond to which it relates.

5 Responsibility of sheriff clerk for safe custody.

The sheriff clerk shall be responsible for the safe custody of all consignations made with him, whether lodged on deposit receipt or otherwise, and shall be bound to account for the same, with interest, if any, accrued thereon, to the person having right thereto, subject to the orders of the sheriff, and he shall be bound to keep the same distinct from any other funds in his possession. The-sheriff clerk shall not be liable for any loss resulting from the; failure of any bank in which any consignation shall have been; lodged as aforesaid.

6 Sheriffs to determine amount of prior consignations in hands of sheriff clerks.

As soon as may be after the passing of this Act the sheriff of every county shall, after such inquiry as he may deem necessary, determine the amount of consignations made and not paid out or otherwise accounted for in the name of the sheriff clerk or any of his deputes, or otherwise deposited in the name of any party or agent in a cause or proceeding prior to first January one thousand eight hundred and eighty-seven ; and shall certify the same to the Queen's and Lord Treasurer's Remembrancer, appending to his certificate a list of the consignations made prior to said date found by him to be still Unclaimed, including any interest which may have accrued thereon; and the sheriff clerk shall, within one month after he receives a requisition to that effect from the Queen's and Lord Treasurer's Remembrancer, pay over the amount so certified to the said Remembrancer, who shall, in exchange, grant a receipt binding himself and his successors in office to relieve the sheriff' clerk of any claim that may be established in respect of any sum so paid over to him.

7 Sheriff clerks to lodge returns of consignations with Queen's Remembrancer.

On or before the first day of April one thousand eight hundred and ninety-five, each sheriff clerk shall lodge with the Queen's and Lord Treasurer's Remembrancer a detailed return of all consignations of money made with him and his predecessors in office during the year ending thirty-first December one thousand eight hundred and eighty-seven, and which are unclaimed at the date of the said-return ; and, similarly, on or before the first day of April in each succeeding year a like return of unclaimed consignations shall be made in respect of the year which shall have terminated seven years prior to the previous thirty-first December, and the sheriff clerk shall, along with the said return, pay the amount of such consignations mentioned therein, with any interest which may have accrued thereon, to the Queen's and Lord Treasurer's Remembrancer, who shall, upon such payment being made, grant a receipt binding himself and his successors in office to relieve the sheriff clerk of any claim that may be established in respect of such consignations and interest.

8 Cases of noncompliance with provisions of Act.

The Queen's and Lord Treasurer's Remembrancer shall report to the Commissioners of Her Majesty's Treasury any instance of non-compliance with or contravention of the provisions of this Act which may come or be brought to his knowledge; and he or any person deputed by him may at any time have access to the consignation books, and may call for exhibition of the deposit receipts, bank pass books, accounts, and all other documents applicable or relating to consigned moneys.

9 Payment by Queen's Remembrancer to Exchequer.

It shall be lawful for the Commissioners of Her Majesty's Treasury from time to time to direct the Queen's and Lard Treasurer's Remembrancer to pay over to the Exchequer out of the balances accumulated in his hands under the provisions of this Act such sums as to them may seem fit.

10 Eight to claim moneys in Queen's Remembrancer's hands.

Every person having any legal claim to the moneys to be paid over in terms of this Act, or any part of them, shall have such and the like claim therein, and such and the like right to demand and recover the same from the Queen's and Lord Treasurer's Remembrancer, after payment thereof to the said Remembrancer, as from the person or persons having possession of such moneys, before payment to the said Remembrancer; and an order by the court in which any consignation has been made or received, for the payment thereof, or of any part thereof, to any person or persons named, shall be sufficient warrant to the Queen's and Lord Treasurer's Remembrancer to make such payment, and such court shall continue to have jurisdiction relative to the disposal of such consignation, and the parties to the cause shall have the same rights of appeal and otherwise in case of dispute regarding the consignation as they would have had if the money had remained in the hands of the sheriff clerk.