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Confirmation of Executors (Scotland) Act 1858

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VIProcedure on Petition. Decree Dative. Proviso as to Caution.

On the Expiration of Nine Days after the Commissary Clerk shall have certified, the Intimation and Publication of a Petition for the Appointment of an Executor as aforesaid, the same may be called in Court, and an Executor decerned, or other Procedure may take place, according to the Forms now in use in case of Edicts of Executry , and with the like Force and Effect; and Decree Dative may be extracted on the Expiration of Three lawful Days after it has been pronounced, but not sooner : Provided always, that nothing herein contained shall alter or affect the Law as to Executors finding Caution; and that Bonds of Caution for Executors may be partly printed and partly written.

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