Sheriff Courts Consignations (Scotland) Act 1893
| Jurisdiction | UK Non-devolved |
| Citation | 1893 c. 44 |
| Year | 1893 |
Sheriff Courts Consignations (Scotland) Act, 1893
(56 & 57 Vict.) CHAPTER 44.
An Act to make provision in regard to the Consignation of Money in the Sheriff Courts in Scotland.
[12th September 1893]
B E 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 theSheriff Courts Consignations (Scotland) Act, 1893, and shall apply to Scotland only.
2 Definition.
2. In this Act the expression ‘consignation’ shall extend and apply to any sum of money received by any sheriff clerk for deposit or consignation in any cause or proceeding in the ordinary sheriff court, or the small debt court or debts recovery court, whether by order of court or otherwise, and shall include any sum of money lodged by way of caution or security in corroboration of any bond, civil or criminal.
3 Consignations to be entered in books kept at each sheriff court.
3. At the principal seat of the sheriff court in each county in Scotland, and at each other place in such county at which an ordinary court is held by the sheriff substitute, all consignations shall be entered by the sheriff clerk in a book or books to be kept by him for the purpose in such form as the court of session may from time to time by Act of Sederunt prescribe, and it shall be the duty of the sheriff clerk to specify full particulars of each consignation, and any person interested shall be entitled, free of charge, to inspect such book at any time that he may desire to do so.
4 Consignations to amount of five pounds to be deposited in bank.
4. Within ten days after consignation is made of any sum of money amounting to not less than five pounds the sheriff clerk shall lodge the same in a bank approved by the sheriff on deposit receipt, and the deposit receipt therefor shall be taken in name of the sheriff clerk of the county and his successors in office, and shall bear on the face of it the name of the party or parties on whose behalf it is consigned, and of the cause or proceeding or bond to which it relates.
5 Responsibility of sheriff clerk for safe custody.
5. The sheriff clerk shall be responsible for the safe custody of all consignations made with him, whether lodged on deposit receipt or otherwise, 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 sheriff, and he shall be bound to keep the same distinct from any other funds in his possession. The sheriff clerk shall not be liable for any loss resulting from the failure of any bank in which any consignation shall have been lodged as...
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