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F2Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F3Words of enactment repealed by Statute Law Revision Act 1892 (c. 31)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F4Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F5Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F6Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F7Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F8Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F9Words repealed by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(2), 29(4), Sch. 2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F10Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F11Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F12Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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F13Act repealed (S.) except ss. 6 and 20 by Court of Session Act 1988 (c. 36, SIF 36:1), s. 52(2), Sch. 2 Pt.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)