Judicial Factors (Scotland) Act 1889
| Jurisdiction | UK Non-devolved |
| Citation | 1889 c. 39 |
| Year | 1889 |
Judicial Factors (Scotland) Act, 1889,
(52 & 53 Vict.) CHAPTER 39.
An Act to amend and extend the Law relating to Judicial Factors and others in Scotland, and to unite the Offices of the Accountant of the Court of Session and the Accountant in Bankruptcy in Scotland.
[12th August 1889]
Whereas it is expedient to amend the Act twelfth and thirteenth Victoria, chapter fifty-one, intituled ‘An Act of Parliament for the better protection of the property of pupils, absent persons, and persons under mental incapacity in Scotland,’ herein-after called the Pupils Protection Act, 1849, and the Judicial Factors (Scotland) Act, 1880, and to put all judicial factors under the supervision of the accountant of court in Scotland:
And whereas it is expedient to unite the offices of accountant of the Court of Session in Scotland and accountant in bankruptcy in Scotland:
Be it therefore 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 Appointment of accountant.
1. From and after the commencement of this Act, section nine of the Pupils Protection Act, 1849, and section one hundred and fifty-six of the Bankruptcy (Scotland) Act, 1856, shall be and are hereby repealed, and in lieu thereof it shall be lawful for Her Majesty and Her heirs and successors to appoint a person versant in law and accounts, to be called the accountant of court (herein-after referred to as the accountant), with such yearly salary, as may from time to time be fixed by the Commissioners of Her Majesty's Treasury, payable out of any moneys to be voted by Parliament for that purpose, and the accountant shall, subject to the approval of the Secretary for Scotland, appoint such number of clerks as may from time to time be necessary, and with such salaries as may be fixed by the Treasury, which salaries shall be paid out of any moneys to be voted by Parliament for that purpose.
No person, other than the accountant, herein-after appointed under the provisions of this section shall be entitled to superannuation unless he has been admitted to his office with a certificate from the Civil Service Commissioners: Provided that it shall be lawful for the Treasury, if and so far as they shall see fit, to grant superannuation to persons serving in the office of the accountant of the Court of Session or the accountant in bankruptcy at the passing of this Act, in all respects as if they had been admitted to their offices with such certificates.
2 Accountant to hold no other office.
2. The accountant to be appointed under this Act, and his successors in office, shall hold no other office, and shall not directly or indirectly, by himself or any partner, be engaged in or transact any business for profit other than the business devolving upon him as accountant of court.
3 Union of existing clerical staffs.
3. The existing clerical staffs of the offices of accountant of the Court of Session and accountant in bankruptcy shall be so united that each member thereof shall be liable to perform any duties which may be assigned to him by the accountant.
4 Compensation to accountant of Court of Session.
4. It shall be lawful for the Treasury to grant out of moneys to be provided by Parliament to the holder of the office of accountant of the Court of Session at the date of the passing of this Act such compensation on the abolition of his office as they shall think proper having reference to the tenure of his office, length of service, and all other circumstances of his case.
5 Pupils Protection and Bankruptcy Acts to apply to accountant.
5. The provisions of the Pupils Protection Act, and of the Bankruptcy Acts and Cessio Acts, relating to the accountant of the Court of Session and accountant in bankruptcy respectively, shall, so far as not altered by this Act, apply to the accountant to be appointed in terms of this Act and his successors in office.
6 All judicial factors to be under supervision of accountant.
6. In addition to the factors specified in the recited Act of 1849, the accountant shall superintend the conduct of all other factors and persons already appointed or to be appointed by the Court of Session or any of the lords ordinary in the said court, or by any of the sheriffs or sheriff substitutes in the several sheriff courts in Scotland, to hold, administer, or protect any property or funds belonging to persons or estates in Scotland; and all such factors and others, subject to such rules as may from time to time be made by Acts of sederunt as heroin-after provided, shall be and hereby are made subject to the provision affecting judicial factors of the said recited Act of 1849, and of any Acts amending the same, or in terms of the Judicial Factors (Scotland) Act, 1880, and of any Acts of sederunt made in terms of said Act, and the accountant shall see that they duly observe all rules and regulations affecting them for the time: Provided that nothing in this section contained shall be held to apply to executors dative or to trustees appointed by the Court under the Trusts (Scotland) Acts, the Entail (Scotland) Act, 1882, or in virtue of any other power; but nothing in this section contained shall prevent trustees appointed by the court from availing themselves of the powers contained in section eighteen of this Act.
7 Penalties for misconduct.
7. Any person who in virtue of his office is subject to the provisions of this Act, and who fails to comply therewith, or who misconducts himself or fails in the discharge of his duties, shall be liable to the penalties imposed by section six of the Pupils Protection Act, 1849, or to any one of more of them as the court in its discretion shall decide.
8 Return of factors, &c. to be supplied to accountant by clerks of court, &c.
8. Immediately after the passing of this Act it shall be incumbent on such one or more of the depute or assistant clerks of session, or of the clerks in the office of the Bill Chamber or other qualified person or persons as shall be selected by the principal clerks of session with the approval of the Lord Advocate, to prepare under the supervision of the said principal clerks a return setting forth the following particulars applicable to all factors and other persons referred to in section six hereof appointed after the first day of January one thousand eight hundred and seventy, and to all factors and other persons under any factory constituted prior to said last-mentioned date in which proceedings have been taken in court since that date not embraced under the provisions of the Pupils Protection Act, 1849, the Judicial Factors (Scotland) Act, 1880, and the Bankruptcy Acts, and where the factories or other offices held by them still subsist, viz.:—(1) the date of the factor's appointment; (2) his name and designation; (3) the name of the estate on which he is factor; (4) the date of his lodging of the inventory, if lodged; (5) the date of the last petition for the audit of his accounts; (6) the latest date of the accounts so submitted to audit; (7) the date of the interlocutor approving of the accounts; and the said return, with the whole of the factors' inventories, accounts, and reports thereon, so far as lodged in process, shall be transmitted to the accountant on or before the thirtieth day of June one thousand eight hundred and ninety, and it shall also be incumbent on the sheriff clerks to prepare the like returns applicable to all factors and other persons appointed in the sheriff courts, and not...
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