Judicial Factors (Scotland) Act 1880
| Jurisdiction | UK Non-devolved |
| Citation | 1880 c. 4 |
Judicial Factors (Scotland) Act, 1880.
(43 & 44 Vict.) CHAPTER 4.
An Act to provide for the appointment of Judicial Factors in Sheriff Courts in Scotland.
[9th July 1880]
W HEREAS an Act was passed in the session of the twelfth and thirteenth years of the reign of Her present Majesty, chapter fifty-one, intituled ‘An Act for the better protection of the property of pupils, absent persons, and persons under mental incapacity in Scotland:’
And whereas it is expedient that sheriffs in Scotland should be empowered to appoint Judicial Factors in cases of estates of small value:
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 Short title.
1. This Act may be cited for all purposes as theJudicial Factors (Scotland) Act, 1880.
2 Commencement of Act.
2. This Act shall commence to have effect on the first day of January one thousand eight hundred and eighty-one, which day is herein-after referred to as the commencement of this Act.
3 Interpretation of terms.
3. In this Act the following words and expressions shall have the meanings herein-after assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say,
The expression ‘Judicial Factor’ shall mean factor loco tutoris and curator bonis:
The expressions ‘Accountant of the Court of Session’ or ‘Accountant,’ shall mean the Accountant of the Court of Session appointed under the recited Act:
The expression ‘prescribed’ means prescribed by the regulations which the Court of Session are by this Act authorised to make from time to time by act of sederunt:
The expression ‘Lord Ordinary’ shall mean the Lord Ordinary in the Court of Session discharging the duties of Junior Lord Ordinary in time of session, and the Lord Ordinary on the Bills in the time of vacation:
‘Estate’ shall include all property and funds, and all rights heritable and moveable.
4 Sheriff empowered to appoint Judicial Factors in small estates.
4. From and after the commencement of this Act it shall be competent for sheriffs in the several sheriff courts in Scotland or for their substitutes, and they are hereby authorised and empowered, to appoint Judicial Factors in cases of estates the yearly value of which (heritable and moveable estate being taken together) does not exceed one hundred pounds, and every sheriff and sheriff Substitute respectively shall have and may exercise over and with regard to Judicial Factors appointed in the sheriff court the same powers and authorities that under the recited Act either division of the Court of Session or the Lord Ordinary respectively have and may exercise under the recited Act over and with regard to Judicial Factors appointed in the Court of Session; and for the purposes of this enactment the following provisions shall have effect; that is to say,
1. Until otherwise prescribed, proceedings for appointment of Judicial Factors in the sheriff court shall commence by petition to be presented to the sheriff or sheriff substitute of the county in which the pupil or insane person is resident, as nearly as may be in the form in use in ordinary actions in that court, and shall thereafter be conducted therein as nearly as may be in the same form and manner in which proceedings under the recited Act are conducted before the Lord Ordinary:
2. In estimating the yearly value of the estate the yearly value of any lands and heritages shall be taken to be the yearly rent or value of the same as entered in the valuation roll for the county or burgh in which the same are situated in force for the time under the provisions of the Act of the session of the seventeenth and eighteenth years of the reign of Her present Majesty, chapter ninety-one...
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