1 Short title.
This Act may be cited for all purposes as The Intestates Widows and Children (Scotland) Act, 1875.
2 Extent of Act.
This Act shall extend to Scotland only.
3 Where estate does not exceed F11£36,000 widow or children may apply to commissary clerk to fill up inventory and expede confirmation.
Where F1the whole estate of an intestate is of a value not exceeding ; F11£36,000 an applicant for confirmation thereto may apply to the commissary clerk of the county within which the intestate was domiciled at the time of death; and the said commissary clerk shall prepare and fill up an inventory and relative F2declaration, as nearly as may be in the form of Schedule A. appended to this Act, and F3on the inventory and declaration being signed by the applicant , and F12without requiring the applicant to find caution shall proceed to record said inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the applicant F1on payment of the requisite fee : . . . F4; and such confirmation shall have the same force and effect as that prescribed in Schedule D. annexed to the M1Confirmation of Executors (Scotland) Act, 1858 . . . F5
4 Proof of identity and relationship may be required.
The commissary clerk of the county may require such proof as he may think sufficient to establish the identity and relationship of the applicant.
5 Commissary clerk may refuse to proceed if not satisfied that whole estate not more than 150l.
6 Commissary clerk may administer oath. “Commissary clerk” to include “commissary clerk depute.”
F8. . . The term “commissary clerk” shall throughout this Act include “commissary clerk depute.”
7 Procedure and fees under this Act to be regulated by Act of sederunt.
Any rules and orders and tables of fees requisite for carrying this Act into operation shall be framed and may from time to time be altered by the Court of Session by act of sederunt . . . F9.
8F10 Inventory duty not affected by this Act.
Provided always, that nothing herein contained shall be construed to effect any duty now payable on inventories of personal estate.