Court of Session Consignations (Scotland) Act 1895
| Jurisdiction | UK Non-devolved |
Court of Session Consignations (Scotland) Act, 1895
(58 & 59 Vict.) CHAPTER 19.
An Act to make provision in regard to the Consignation of Money in the Court of Session in Scotland; and for other purposes.
[27th June 1895]
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.
1. This Act may be cited as theCourt of Session Consignations (Scotland) Act, 1895, and shall apply to Scotland only.
2 Definition of ‘consignation.’
2. In this Act the expression ‘consignation’ shall extend and apply to any sum of money consigned or deposited in any bank under orders of the Court, or in virtue of the provisions of any Act of Parliament, and shall include any sum of money, or any bank deposit receipt, security, or other voucher for a sum of money, received by the Accountant of Court (herein-after called the Accountant), or by any of the clerks of court, as the case may be, for deposit or consignation, in any cause or proceeding, whether by order of court or otherwise, and any sum of money lodged by way of caution or security in corroboration of any bond, and also any unclaimed dividends; or special deposits, or unapplied balances, in any sequestration or cessio, deposited in any bank in terms of the Bankruptcy (Scotland) Act, 1856, or otherwise.
3 Accountant of court to be sole custodier of consignations.
3. The provisions of section thirty-five of the Judicial Factors Act, 1849, and of sections five and six of the Bill Chamber Procedure Act, 1857, so far as relating to consignations, are hereby repealed, and in lieu thereof it is hereby provided that the Accountant shall be the sole custodier of all consignations under this Act, and the Clerk of Court, in each process in which, after the passing of this Act, a consignation is made, shall forthwith lodge the same with the Accountant, whose receipt therefor shall be a discharge to such clerk.
No fees shall be payable to the Accountant in cases or consignations other than those which are or may be prescribed by the Lords of Council and Session with the sanction of the Treasury.
4 Consignations to be entered in books kept by Accountant of Court.
4. All consignations shall be entered by the Accountant in a book or books, to be kept by him for the purpose, in such form as the Lords of Council and Session may from time to time by Act of Sederunt prescribe, and any person interested shall be entitled to inspect such books under such regulations as to fees or otherwise as the Accountant may, with the approval of the said Lords and of the Treasury, prescribe.
5 Consignations to be deposited in bank.
5. Within ten days after receipt of any consignation in money the Accountant shall lodge the same on deposit receipt in one of the banks in Scotland, established by Act of Parliament or Royal Charter, and every deposit receipt for money lodged in any of the said banks representing a consignation, whether lodged by the Accountant, or by any party to a cause, or by any other person, shall be taken in name of the Accountant and his successors in office, and shall bear on the face of it the name of the party or parties by whom or on whose behalf the consignation is made, and of the cause, or proceeding, or bond to which it relates.
6 Responsibility of Accountant of Court for safe custody.
6. The Accountant shall be responsible for the safe custody of all consignations made with him, 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 Court. The Accountant shall not be liable for any loss resulting from the failure of any bank in which any consignation shall have been made as aforesaid.
7 Lord Ordinary in Exchequer to determine amount of consignations prior to 1889 not accounted for.
7. As soon as may be after the passing of this Act, the Lord Ordinary in Exchequer Causes, on the representation of the Queen's and Lord Treasure's Remembrancer, shall, after such inquiry as he may deem necessary, determine the amount of consignations made prior to the first day of January, one thousand eight hundred and eighty-nine, in the name of the Accountant, or of any of the Clerks of Court, as the case may be, or deposited in bank in the name of any person by order of the Court, or in virtue of the provisions of any Act, or otherwise deposited in the name of any party or agent in a cause or proceeding, or by a trustee in a sequestration or cessio as an unclaimed dividend or special deposit, and not paid out or otherwise account for; and shall certify the same to the Queen's and Lord Treasurer's Remembrancer, appending to his...
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