- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 04/05/2006
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Conjugal Rights (Scotland) Amendment Act 1861 (repealed).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to amend the Law regarding Conjugal Rights in Scotland.
Textual Amendments
F1Preamble omitted under authority of Statute Law Revision Act 1892 (c. 31)
F2Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
F3Words of enactment repealed by Statute Law Revision Act 1892 (c. 31)
Textual Amendments
F4Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F5Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F6Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F7Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F8Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
After a decree of separation a mensa et thoro obtained at the instance of the wife, all property which she may acquire, or which may come to or devolve upon her, shall . . . F9on her decease . . . F9, in case she shall die intestate, pass to her heirs and representatives, in like manner as if her husband had been then dead; . . . F9.
Textual Amendments
F9Words repealed by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(2), 29(4), Sch. 2
Textual Amendments
F10Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F11Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F12Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F13Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F14S. 11 repealed by Divorce (Scotland) Act 1938 (c. 50), s. 7
Textual Amendments
F15S. 12 repealed by Statute Law Revision Act 1892 (c. 19)
Textual Amendments
F16Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F17Ss. 14, 18, 21 repealed by Statute Law Revision Act 1875 (c. 66)
Textual Amendments
F18Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
F19Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt. I (and re-enacted in part as referred to in Sch. 2 Pt. II of that Act)
Textual Amendments
Textual Amendments
F21Ss. 14, 18, 21 repealed by Statute Law Revision Act 1875 (c. 66)
The following words and expressions, when used in this Act, shall, in the construction thereof, be interpreted as follows, except where the nature of the provision or the context of the Act shall exclude or be repugnant to such construction; that is to say, the expression “Lord Ordinary” shall include his successor; the word “property” shall include and apply to all property falling under the jus mariti; the expression “consistorial action” shall include actions of declarator of marriage, of declarator of nullity of marriage, of declarator of legitimacy and bastardy, actions of separation a mensa et thoro, of divorce and of adherence, and of putting to silence, and actions of aliment between husband and wife instituted in the Court of Session.
This Act may in all proceedings be cited as “The Conjugal Rights (Scotland) Amendment Act, 1861.”
Textual Amendments
F22Ss. 14, 18, 21 repealed by Statute Law Revision Act 1875 (c. 66)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: