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Intestacy (Scotland). Issue of prede- II. Where the Person predeceasing would have been the Heir ceasing Heir in Heritage of an Intestate leaving Heritable as well as Moveable succeeding to Estate had he survived such Intestate, his Child, being the Heir the Intestate's Heritage may
in Heritage of such Intestate, shall be entitled to collate the collate, but Heritage to the Effect of claiming for himself alone, if there be other Issue not no other Issue of the Predeceaser, or for himself and the other excluded by his Issue of the Predeceaser, if there be such other Issue, the Share not collating, of the Moveable Estate of the Intestate which might have been &c.
claimed by the Predeceaser upon Collation if he had survived the Intestate ; and Daughters of the Predeceaser, being Heirs Portioners of the Intestate, shall be entitled to collate to the like Effect; and where, in the Case aforesaid, the Heir shall not collate, his Brothers and Sisters, and their Descendants in their Place, shall have Right to a Share of the Moveable Estate equal in Amount to the Excess in Value over the Value of the Heritage of such Share of the whole Estate, Heritable and Moveable, as their predeceasing Parent had he survived the Intestate would
have taken on Collation. Extent of III. Where any Person dying intestate shall predecease his Father's Suc
Father without leaving Issue, his Father shall have Right to cession.
One Half of his Moveable Estate, in preference to any Brothers or Sisters or their Descendants who may have survived such
Intestate. Extent of IV. Where an Intestate dying without leaving Issue whose Mother's Suc- Father has predeceased him shall be survived by his Mother, she cession.
shall have Right to One Third of his Moveable Estate, in preference to his Brothers and Sisters or their Descendants, or other
Next of Kin of such Intestate. Succession by V. Where an Intestate dying without leaving Issue, whose Brothers and Father and Mother have both predeceased him, shall not leave Sisters uterine.
any Brother or Sister german or consanguinean, nor any Descendant of a Brother or Sister german or consanguinean, but shall leave Brothers and Sisters uterine, or a Brother or Sister uterine, or any Descendant of a Brother or Sister uterine, such Brothers and Sisters uterine and such Descendants in place of their predeceasing Parent shall have Right to One Half of his Moveable
Estate. Representatives VI. Where a Wife shall predecease her Husband, the Next of of Wife to have Kin, Executors, or other Representatives of such Wife, whether no Claim, &c.
testate or intestate, shall have no Right to any Share of the Goods in Communion, nor shall any Legacy or Bequest or Testamentary Disposition thereof by such Wife affect or attach to the said Goods
or any Portion thereof. Dissolution of VII. Where a Marriage shall be dissolved before the Lapse of Marriage not to a Year and Day from its Date, by the Death of One of the Spouses, affect Rights, the whole Rights of the Survivor and of the Representatives of &c.
the Predeceaser shall be the same as if the Marriage had subsisted
for the Period aforesaid. Part of Act of VIII. So much of an Act of the Parliament of Scotland passed Scotch Parlia
in the Year One thousand six hundred and seventeen, and intituled ment, 1617,c.14. Anent Executors, as allows Executors nominate to retain to their own Use a Third of the Dead’s Part in accounting for the MoveParliamentary Representation (Scotland) Act Amendment. able Estate of the Deceased, is hereby repealed, and Executors nominate shall, as such, have no Right to any Part of the said Estate.
IX. The Words "Intestate Succession” shall mean and include Interpretation Succession in Cases of partial as well as of total Intestacy; of Terms. “ Intestate” shall mean and include every Person deceased who has left undisposed of by Will the whole or any Portion of the Moveable Estate on which he might, if not subject to Incapacity, have tested; “Moveable Estate" shall mean and include the whole free Moveable Estate on which the Deceased, if not subject to Incapacity, might have tested, undisposed of by Will, and any Portion thereof so undisposed of.
CA P. XXIV.
of King William the Fourth, for amending the Repre-
[25th May 1855.] 'HEREAS it is expedient that the Time between the
Receipt of the Writ by the Sheriff and the Day of · Election of Members to serve in Parliament for Counties in • Scotland should be shortened:' Be 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:
I. Each Sheriff to whom any Wrít for the Election of a Member Sheriff to ento serve for any County or combined Counties in Scotland (except dorse Day on Orkney and Shetland) shall be directed, under the Provisions of which he rean Act passed in the Second and Third Years of the Reign of His ceived Writ late Majesty, intituled An Act to amend the Representation of the Time for ElecPeople in Scotland, shall endorse on the Writ the Day on which he tion. received it, and shall within Two Days thereafter announce a Day 2&3W.4.c.65. for the Election, which Day shall be not less than Six nor more than Twelve Days in Counties or combined Counties after the Day on which the Writ was received, and shall give due Intimation thereof as is provided in the said Act.
II. In the Case of Orkney and Shetland the Provisions of the Proviso as to said Act, in so far as they relate to the fixing and Announcement Orkney and of the Day of Election, and the Interval to elapse between the
III. In all Cases in which the Provisions of the said Act shall Provisions of be inconsistent with this Act, and in as far as shall be necessary
recited Act so to give Effect to the true Intent and Meaning of this Act, but no
far as incon
sistent with this further, the said Act shall be and the same is to such Extent Act repealed. hereby repealed; and the said Act shall in all other respects remain in full Force and Effect, and be as good and effectual to carry this Act into execution, as if the same were herein repeated and re-enacted.
Alterations in Pleadings.
CA P. XXV. An Act to allow Affirmations or Declarations to be made instead of Oaths in certain Cases in Scotland.
[25th May 1855.] BE 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: Affirmation in- I. If any Person called us a Witness in any Court of Civil stead of Oath
Judicature in Scotland, or required or desiring to make an Affito be allowed
davit or Deposition, shall refuse or be unwilling from alleged in certain Cases.
conscientious Motives to be sworn, it shall be lawful for the
the taking of any Oath is, according to my Religious Belief, ' unlawful; and I do solemnly, sincerely, and truly affirm and
of Falsehood. Her Majesty II. It shall be lawful for Her Majesty from Time to Time, by may, by Order an Order in Council, to direct that all or any Part of the Provisions in Council, di- of this Act shall apply to all or any Court or Courts in Scotland ; of this Act to be and such Order shall be notified by the Secretary of State to the applied to all Clerk or other Officer of the Court or Courts therein named reCourts in Scot- spectively, and shall be published in the Edinburgh Gazette ; and land.
within One Month after such Order shall have been so notified and published, such Provisions shall extend and apply in manner directed by such Order ; and any such Order may be in like Manner from Time to Time altered and annulled.
CA P. XXVI.
Years of Her present Majesty, for enabling the Judges of
[25th May 1855.] THEREAS by an Act of the Thirteenth and Fourteenth
Years of Her present Majesty Queen Victoria, intituled • An Act to enable the Judges of the Courts of Common Law at • Westminster to alter the Forms of Pleading, Powers were given
to the Judges of the Superior Courts of Common Law at West• minster, within Five Years from the passing of that Act, to ' make such Alterations in the Mode of Pleading in the said • Courts, and in the Mode of entering and transcribing Pleadings,
13 & 14 Vict. c. 16.
Alterations in Pleadings. Newspaper Stamp Duties. "Judgments, and other Proceedings in Actions at Law, and in the
Time and Manner of objecting to Errors in Pleadings and other • Proceedings, and in the Mode of verifying Pleas and obtaining 'final Judgment, without Trial in certain Cases, and such Regu• lations as to the Payment of Costs, and otherwise for carrying
into effect the said Alterations, as to them may seem expedient: . And whereas the said Powers so by the said Act conferred are * about to expire, and it is desirable that the same should be ' further prolonged :' 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, That the Powers conPowers conferred by the said herein-before recited Act on the ferred by the Judges of the said Superior Courts of Common Law at Westminster recited Act on shall be continued for a Period of Five Years from the passing of
Judges of Su
perior Courts this Act, subject always to the Provisions and Conditions in the continued. said recited Act contained as to any Rules, Orders, and Regulations which may be made by the said Judges under and by virtue of the said Powers.
CA P. XXVII.
Newspapers, and to provide for the Transmission by Post
the Stamp Duties on Newspapers, and to provide for the • Transmission by Post of printed periodical Publications:' 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:
I. From and after Fourteen Days after the passing of this Act Not to be comit shall not be compulsory (except for the Purpose of free Trans- pulsory to print mission by the Post) to print any Newspaper on Paper stamped Newspapers on
Stamps. for denoting the Duties imposed by Law on Newspapers, and no Person shall be subject or liable to any Penalty or Forfeiture for printing, publishing, selling, or having in his Possession any unstamped Newspaper.
II. Every periodical Publication herein-after mentioned which Periodical Pubshall be printed within the United Kingdom on Paper stamped lications printfor denoting the Rate of Duty now imposed by Law on News- ed on Stamps to papers shall be entitled to the like Privileges of Transmission and by Post free Re-transmission by the Post between Places in the United King; of Postage. dom, either Postage-free or otherwise, on the same Terms and Conditions and under and subject to the like Rules and Regulations as Newspapers duly stamped are now entitled and subject to under any Act or Acts in force, but under and subject nevertheless to the Terms and Conditions in this Act contained.
III. Every periodical Publication to be entitled to any such Periodical PabPrivilege as aforesaid shall be printed and published at Intervals lications en
not titled to free
Newspaper Stamp Duties. Transmission not exceeding Thirty-one Days between any Two consecutive by Post to be Parts or Numbers of such Publication, and shall be subject to printed under
the same Limitations and Restrictions with respect to the Number certain Limitations and Con
of Sheets or Pieces of Paper whereon the same shall be printed, ditions speci
and with respect to the Superficies or Dimensions of the Letterfied.
press thereof, as by any Act or Acts now in force are enacted or imposed with respect to Newspapers and Supplements thereto;
such periodical Publication shall be entitled to such Privilege only on the Terms and Conditions following ; (that is to say,) One of the Sheets or Pieces of Paper on which the same shall be printed shall be stamped with an appropriated Die, denoting the Stamp Duty imposed by Law on a Newspaper printed on the like Number of Sheets or Pieces of Paper and of the like Dimensions with respect to the Superficies of the Letterpress thereof; and on the Top of every Page of such Publication there shall be printed the Title thereof, and the Date of publishing the same ; and such periodical Publication at the Time when the same shall be posted shall be folded in such Manner that the whole of the Stamp denoting the said Duty shall be exposed to view, and be distinctly visible on the Outside thereof; also such periodical Publication shall not be printed on Pasteboard or Cardboard, or on Two or more Pieces or Thicknesses of Paper pasted together, nor shall any Pasteboard, Cardboard, or such pasted Paper be transmitted by Post with any such periodical Publication either
as a Back or Cover thereto, or otherwise. Paper to be IV. It shall be lawful for the Proprietor or Printer of any stamped for such periodical Publication to send to the Commissioners of such periodical Inland Revenue, or to such Officer as they shall appoint or direct Publications at the Request of
in that Behalf, any Quantity of Paper to be stamped with an the Proprietor appropriated Die, to be provided in the Manner directed by the or Printer, Third Section of the Act passed in the Session of Parliament
holden in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, Chapter Seventy-six, for denoting the Rate of Stamp Duty chargeable on Newspapers; and upon Payment to the proper Officer of the full Amount of the Stamps required to be impressed on such Paper, the said
Commissioners or their proper Officer shall cause the same to Discount to be be stamped accordingly : Provided always, that there shall be allowed on allowed in Ireland, in respect of such appropriated Stamps as Stamps in
aforesaid for any periodical Publication which shall be printed Ireland.
and published only in Ireland, the same Rate of Discount as by the said last-mentioned Act is directed to be allowed on the
Purchase of Stamps for the printing of Newspapers in Ireland. Periodicals to V. Every periodical Publication, posted in the United Kingbe posted within dom, to be entitled to the Privilege of Transmission by the Post 15 Days after
between Places in the United Kingdom, under the Provisions of being published. this Act, shall be put into a Post Office within Fifteen Days next
after the Day on which the same shall be published; the Day of
Publication to be determined by the Date of such Publication. Questions as to VI. In all Cases in which a Question shall arise whether a periodical Pub- printed Paper is entitled to the Privilege of a periodical Publications, how
lication, so far as respects the Transmission thereof by the Post determined.