Debtors (Scotland) Act 1838

1. Introductory Text

2. Extracts of Court of Session, Teind Court, and Court of Justiciary Decrees to contain Warrant to arrest, charge, and poind.

3. II. Competent to arrest.

4. III. Competent to charge. Officer's Execution.

5. IV. Competent to poind.

6. V. Execution to be registered ; and to have the Effect of Denunciation, and to accumulate Interest.

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

8. VII. Execution at the Instance of a Person acquiring Right to extract.

9. VIII. Letters of Horning may be issued as formerly, but no Expences exigible. Extracts in Terms of this Act may be obtained where Extracts issued prior to its Commencement.

10. IX. Extracts of Sheriffs Decrees, &c to contain Warrant to arrest, charge, poind, and open shut and lockfast Places.

11. X. Execution to be registered, and to accumulate Interest.

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

13. XII. Execution at the Instance of a Person acquiring Right to the Extract.

14. XIII. Warrant of Concurrence to charge, arrest, and poind.

15. XIV. Warrant by concurring Sheriff Clerk to imprison.

16. XV. Concurrence to Warrant of Imprisonment granted in another Sheriff Court.

17. XVI. Warrant to arrest may be introduced into Summonses before the Court of Session.

18. XVII. Arrestment may be executed before executing the Summons, but the Summons must be executed and called within a limited Period.

19. XVIII. Arrestments against Persons furth of the Kingdom to be executed at the Record Office.

20. XIX. Sheriffs Precepts of Arrestment may be executed within Jurisdiction of another Sheriffs.

21. XX. Lord Ordinary in the Outer House may recall or restrict Arrestments, subject to Review.

22. XXI. Sheriff may recall or restrict Arrestments, subject to Review.

23. XXII. Arrestments to prescribe in Three Years.

24. XXIII. Compearing Creditors to be conjoined, and poinded Effects to be valued.

25. XXIV. Effects to be left with and Schedule given to the Possessor.

26. XXV. Officer to report Poinding within Eight Days.

27. XXVI. Sale to be advertised and Notice to the Debtor.

28. XXVII. Effects to be sold, or delivered to poinding Creditors.

29. XXVIII. Report and Price to be lodged.

30. XXIX. Creditors entitled to purchase.

31. XXX. Unlawful Intromitter liable to Imprisonment or double the appraised Value.

32. XXXI. Act not to affect Landlord's Hypothec.

33. XXXII. Citations, &c. One Witness.

34. XXXIII. Compensation.

35. XXXIV. Compensation how to be paid.

36. XXXV. Diligence under this Act.

37. XXXVI. Act may be repealed, &c.

38. 1. Schedule referred to in the foregoing Act.