Court of
Session

to make

a man cannot, by a postnuptial contract, place his own income beyond the reach of his own creditors. Miller (Finlay's Trustee) v. Learmonth and Others, November 21, 1871, 44 Jurist 98, 10 Macph. 107.

17. The Court of Session are hereby authorized and empowered empowered to make from Time to Time such Orders and Regulations as to Forms of Process by Acts of Sederunt as they may consider necessary for carrying into execution the Purposes of this Act.

Acts of

Sederunt.

Repeal of

Laws in

18. All Laws, Statutes, and Usages are hereby reconsistent pealed in so far as the same are inconsistent with the Provisions of this Act, but no further or otherwise.

with this

Act.

Interpretation of Terms.

Short Title.

Commence

19. The following Words and Expressions, when used in this Act, shall in the Construction thereof, be interpreted as follows, except where the Nature of the Provision or the Context of the Act shall exclude or be repugnant to such Construction; that is to say, the Expression "Lord Ordinary" shall include his Successor; the Word "Property" shall include and apply to all Property falling under the Jus mariti; the Expression "Consistorial Action" shall include Actions of Declarator of Marriage, of Declarator of Nullity of Marriage, of Declarator of Legitimacy and Bastardy, Actions of Separation a mensâ et thoro, of Divorce and of Adherence, and of putting to Silence, and Actions of Aliment between Husband and Wife instituted in the Court of Session.

20. This Act may in all Proceedings be cited as "The Conjugal Rights (Scotland) Amendment Act, 1861."

21. This Act shall come into operation on the First ment of Day of November now next ensuing, and not before.

Act.

CONJUGAL RIGHTS AMENDMENT
ACT, 1874.

37 & 38 VICT. CAP. 31.

An Act to amend the Conjugal Rights (Scotland),

Amendment Act, 1861.-16th July 1874.

WHEREAS an Act was passed in the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, intituled "An Act to amend the Law regarding Conjugal Rights in Scotland:

And whereas the expense of procedure under that Act prevents many persons from availing themselves of its benefits, and it is desirable to amend the same :

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,

A.D. 1874.

24 and 25 vict. c. 86.

1. The word "Sheriff" shall include Sheriff-Sub- Definition stitute.

of

"Sheriff."

Jurisdic

applica

orders to

2. The Sheriffs of Counties in Scotland shall have Sheriffs' all jurisdictions, powers, and authorities necessary for tion exhearing, trying, and determining applications by wives tended to deserted by their husbands1 for orders to protect pro- tions for perty that they have acquired or may acquire by their protect own industry after such desertion, and property which property of they have succeeded to or may succeed to or acquire wives, and right to after such desertion, against their husbands or call of such

deserted

for the re

orders.

creditors of their husbands or any persons claiming in or through the rights of their husbands, and applications by the husbands of such wives, their creditors, or others claiming in or through the rights of such husbands for the recall of such orders: Provided as follows:

1. All such applications in the Sheriff Court shall be made by petition in common form, and, subject to any orders and regulations which the Court of Session are hereby authorized to make from time to time as to procedure in such applications, the procedure in every such petition, including the procedure in appeals taken therein within the Sheriff Court or to the Court of Session, shall, as nearly as may be, be the same as in an ordinary action in the Sheriff Court:

2. The conditions2 on which orders to protect property as aforesaid may be granted or recalled in the Sheriff Court shall be the same as those on which such orders may be granted or recalled in the Court of Session. The provisions of the recited Act relating to the intimation3 of interlocutors granting or recalling such orders in the Court of Session shall apply to the intimation of such interlocutors when pronounced in the Sheriff Court; and the effects1 of the grant or recall of any such order duly intimated shall be the same when made in the Sheriff Court as when made in the Court of Session:

3. An application for the recall of any such order5 to protect property granted in a Sheriff Court shall be competent only when made in the Sheriff Court to whose jurisdiction the deserted wife is for the time amenable, or in the Court of Session.

It shall be the duty of the Clerk of Court in which any such order was granted to transmit the process in which it was granted to any

other court on receiving written notice from a clerk thereof of the dependence therein of an application for the recall of such order: 4. It shall not be necessary to print the petition, answer, or evidence in order to the disposal by the Court of Session of any appeal taken thereto from a Sheriff Court in any application by this Act made competent in the Sheriff Court:

5. Any warrant of citation granted by a Sheriff in any such application may, when necessary, be executed edictally (without the concurrence or authority of the Court of Session) by delivery of a copy thereof at the office of the Keeper of Edictal Citations according to the mode established by the Act passed in the sixth year of the reign of His Majesty King George the Fourth, chapter one hundred and twenty, in regard to the execution edictally of citations on warrants of the Court of Session, and by an Act of Sederunt of the Court of Session, dated the twenty-fourth day of December one thousand eight hundred and thirty-eight, and by sending a copy thereof by post to the last known address of the person to be cited.

The Keeper of Edictal Citations or his clerk shall register an abstract of every such copy so delivered, in the record for edictal citations by virtue of letters of supplement to persons furth of Scotland to appear before any of the Inferior courts of Scotland; and such abstract shall exhibit such particulars as are required to be exhibited in an abstract of any copy citation by law appointed to be made or registered by the said Keeper or his clerk.

1 The statute does not specify before what Sheriff Court the application shall be made, but it appears to imply that it shall be

Short title.

before the Sheriff Court to whose jurisdiction the deserted wife is amenable for the time. See the provisions of sub-section 3.

2 These conditions are contained in the Conjugal Rights Act, 1861, section 1.

The Conjugal Rights Act, 1861, section 1, supra, near the end, provides that intimation shall be made "in one or more newspapers published within the county within which the wife is resident, or in such other newspapers as the Lord Ordinary may appoint." Under the present Act the Sheriff becomes substituted for the Lord Ordinary of the Court of Session.

* These effects are specified in sections 3, 4, 5, and 6 of the Conjugal Rights Act, 1861, supra.

5 The provisions for this purpose are contained in sections 2 and 3 of the Conjugal Rights Act, 1861, supra.

3. This Act may be cited as the Conjugal Rights (Scotland) Amendment Act, 1874.