Exchequer Court (Scotland) Act 1856

1. Introductory Text

2. I. The Court of Session to be the Court of Exchequer in Scotland.

3. II. One of the Lords Ordinary in the Court of Session to be Lord Ordinary in Exchequer Causes.

4. III. Lord Ordinary in Exchequer Causes may act in Vacation as well as during Session; and in his Absence any other Lord Ordinary may act in his Room.

5. IV. Clerks to the Lord Ordinary in Exchequer Causes to be Clerks in such Causes; and additional Salary granted.

6. V. Exchequer Causes maybe commenced by Subpoena.

7. VI. Subpoena to be called in Court as a Summons, and Procedure thereon.

8. VII. Form of Information in Causes commenced by Subpoena.

9. VIII. Special Case may be lodged where Parties agreed upon the Facts.

10. IX. Procedure in Cases commenced by Subpoena, so far as not expressly provided, how to be regulated.

11. X. Proceedings may be commenced by Summons in place of Subpoena; and Procedure under Summons, to be the same as in Ordinary Court of Session Cases.

12. XI. Procedure in Cases of Seizure.

13. XII. Procedure in lieu of Writs of Capias, &c.

14. XIII. Procedure in lieu of Writs of the Pipe.

15. XIV. Procedure in lieu of Injunction.

16. XV. Procedure in lieu of Mandamus.

17. XVI. Procedure on Affidavit of Danger.

18. XVII. Procedure in lieu of Writs of Habeas and Certiorari.

19. XVIII. As to Performance of certain Duties of Court of Exchequer heretofore performed under 10 & 11 Vict. c.51.

20. XIX. Duties of Court of Exchequer in Appointment of Tutors Dative to be performed by Inner Houses of Session.

21. XX. Interlocutors in Exchequer Causes may be reclaimed against, and appealed, as if pronounced in ordinary Court of Session Causes.

22. XXI. Suspension, where competent, to be by Note in the Bill Chamber in common Form; and when Note passed Case to depend before Lord Ordinary in Exchequer Causes.

23. XXII. The Lord Advocate to sue and be sued on behalf of Her Majesty.

24. XXIII. Privilege of Audience preserved to the Crown.

25. XXIV. Costs may be given for and against the Crown.

26. XXV. Exchequer Causes to have Precedence of all others.

27. XXVI. Sittings of the Court of Session to be held to correspond with existing Exchequer Terms.

28. XXVII. Certified Copies of Interlocutors, equivalent to Extracts, except in order to Diligence.

29. XXVIII. Minute Book dispensed with as to Extracts of Exchequer Decrees; such Extracts to have Priority in the Extractor's Office; and such Extracts, and also Extracts of registered Bonds to Her Majesty, to be in ordinary Form; except that Warrant to charge to be in Form scheduled.

30. XXIX. Exchequer Decrees to be put in Execution by Sheriffs.

31. XXX. Sheriff may arrest on Extract Decree; and such Arrestment shall transfer to the Crown the arrested Fund.

32. XXXI. Sheriff may charge Crown Debtor on Extract Decree; Execution of Charge to be in Form scheduled.

33. XXXII. Sheriff may Poind on Extract Decree. Poinding to be in ordinary Form ; Except that Poinded Effects may be taken possession of; and, if no Offerer at Sale, Sheriff to retain them on Behalf of the Crown.

34. XXXIII. On Expiration of Charge, Sheriff may record the Extract and Execution of Charge.

35. XXXIV. After Execution of Charge recorded, Sheriff may issue Warrant to imprison.

36. XXXV. Sheriff may seize Books of Crown Debtor under Extract Decree.

37. XXXVI. Effects of deceased Crown Debtor may be attached by Arrestment or Poinding.

38. XXXVII. Bonds, &c. heretofore taken by Court of Exchequer may be taken by Sheriffs, &c.

39. XXXVIII. Bonds to Her Majesty to be held as containing a Clause of Registration.

40. XXXIX. Where a Bond to Her Majesty is not for a specific Sum, Sum may be supplied by an Account stated and certified, on which Diligence may proceed.

41. XL. Provision for recovering in Scotland Duties accruing in other Parts of the United Kingdom.

42. XLI. Jurisdiction of Sheriffs and Justices in Exchequer Cases saved.

43. XLII. Preference of Crown over other Creditors not to be affected.

44. XLIII. Section 3 of 16 Vict. c.20 not to extend to Revenue Cases.

45. XLIV. Lord President, Lord Advocate, and Lord Ordinary in Exchequer Causes empowered to make Orders and Regulations to facilitate Procedure.

46. XLV. Offices of Attornies, or Sworn Clerks and Macers in Exchequer, &c., abolished.

47. XLVI. Power to Treasury to grant Compensations for Loss of Office.

48. XLVII. Interpretation of certain Terms.

49. XLVIII. Repeal of certain Laws, &c.

50. XLIX. Commencement of Act.

51. 1. SCHEDULE A

       SUBPOENA

    2. SCHEDULE B

       Informations

    3. SCHEDULE C

       Verdict

    4. SCHEDULE D

       Appraisement of Seizure

    5. SCHEDULE E

       Claim for Seizure

    6. SCHEDULE F

       Note of Appeal

    7. SCHEDULE G

       Warrant to be subjoined to Extracts of Exchequer Decrees in favour of the crown

    8. SCHEDULE H

       Execution of Charge against Crown Debtor

    9. SCHEDULE I

       Certificate of Registration of Execution of Charge in Sheriff Court

    10. SCHEDULE K

        Warrant to imprison

    11. SCHEDULE L

        Execution of Seizure of Books and Papers of Crown Debtor

    12. SCHEDULE M

        Certificate of Officer of Revenue to stated Account