navy, royal marines, army, or ordnance, to advance for his support, or the support of his family, any weekly sum not exceeding the rate of his pension or allowance, to be repaid by, or out of the next quarterly, or other payment of such pension or allowance, and to take an assignment thereof, by way of security for the money so to be advanced, any thing in any act or acts to the contrary notwithstanding; and every assignment to be made of any such pension, superannuation or allowance, for the purposes of this act, shall be exempt from stamp duty, and shall be in the form and to the effect following. And every such assignment, attested by one of his Majesty's justices of the peace, of any quarterly or other payment payable by the commissioners for the affairs of the royal hospitals at Cheslea or Greenwich, or by the paymaster of the royal marines, or the treasurer of the board of ordnance, respectively, and made as aforesaid to the heritors and kirk-session of any parish, shall be transmitted by such heritors and kirk-session, at least one month before such payment shall become due, under cover, addressed to the paymaster-general of his Majesty's forces, with the words, "Chelsea pensioner," written thereon; or to the paymaster of the pensions at Greenwich hospital, with the words, "Greenwich pensioner," written thereon; or to the paymaster of the royal marines, with the words, "royal marine pen"sioner," written thereon; or to the secretary of the board of ordnance, with the words, "ordnance pensioner," written thereon, who shall respectively cause the said payment to be made to the heritors and kirk-session of the parish, for whose security the assignment shall have been made, or to the treasurer of the said kirk-session, in the same manner as the payment would have been made to the person assigning the same, if no such assignment had been made; and such heritors and kirk-session, or the treasurer of the said kirksession, are, and is hereby authorised to receive the same, and to retain thereout for the use of the parish, so much as shall have been advanced and paid on security thereof, and forthwith to pay the residue, (if any there shall be,) to the pensioner or person by whom such assignment shall have been made; and, if any question shall arise between the pensioner or person making any such assignment, and the heritors and kirk-session of any parish, touching the amount which shall be due and payable to them by virtue of any such assignment, the same shall be determined in a summary way, by one of his Majesty's justices of the peace, and his order and determination therein shall be final and conclusive: provided, that no such assignment shall entitle the heritors and kirk-session to whom the same shall be made, to receive the pension or allowance purporting to be thereby assigned, if the party signing the same shall die before the time when such pension or other allowance would have become payable to him, if no such assignment thereof had been made. II. And be it further enacted, That when any pensioner or other person entitled to or in receipt of any such pension or other allowance as aforesaid, shall leave his wife or family chargeable, or suffer them to become chargeable to any parish, it shall be lawful for two or more justices, upon complaint thereof to them made and duly verified by any one or more of the heritors or members of kirk-session of such parish, to direct, by order under their hands, that the next payment which shall become due of such pension or other allowance, shall be made to the heritors and kirk-session of the parish, to which such wife or family shall have become chargeable, or to the treasurer of the said kirk-session; and any one or more of such heritors or members of such kirksession shall transmit such order to the aforesaid commissioners for the affairs of the royal hospital at Chelsea or Greenwich, or the secretary of the board of ordnance respectively, in like manner as any assignment is herein before directed to be transmitted to the paymaster-general of his Majesty's forces, and the paymasters of pensions at Greenwich, the paymaster of the royal marines, and the secretary of the board of ordnance, as the case may be; which said paymaster-general, or paymaster of pensions at Greenwich, or the treasurer of the board of ordnance, shall thereupon, and upon sufficient proof being given that the person whose pension or other allowance shall be directed to be paid, shall have been living when the same shall become payable, and would have been entitled to receive the same if no such order had been made, cause the said payment to be made to the heritors and kirk-session of the parish for whose security such order shall have been made, or to the treasurer of the said kirk-session; and the heritors and kirk-session receiving any such pension or other allowance, by virtue of any such order, shall retain and apply the same, or so much thereof as shall have actually been expended for the purposes aforesaid, for the use and indemnity of the parish, and shall pay the overplus, (if any there shall be,) to the pensioner or person entitled thereto; and upon receipt of any such order as aforesaid, by which the pension or other allowance to be mentioned therein shall be directed to be paid to such heritors and kirk-sessions as aforesaid, the payment thereof may be suspended, until sufficient proof shall have been given to entitle the heritors and kirk-session of the parish in such order named, to receive the money thereby directed to be paid to them. Erskine, I. 7, 63.-Dunlop on the Poor Laws. DECISIONS. Robert v. Fife, 25. Feb. 1825.-Howie, 25. Jan. 1800, Mor. App. No. 1, voce Poor.-Scott, 13. Nov. 1818, F. C.— Pollock v. Darling, 17. Jan. 0184, Mor. 10591.-Wilson, 16. Dec. 1824.-Finlayson, 7. July 1809.-Tait, 28. Feb. 1802, Mor. App. No. 3, voce Aliment.-Christie, 6. July 1802, ib. No. 5. RESIDENCE. Pennicuick, 3. March 1813.-Inveresk, 3. March 1757, 10571.-Gladsmuir, 11. June 1806, App. No. 5, v. Poor.Cockburnspath, 9. June 1819.-Runciman, 24. Jan. 1784, 10583.-Rescobie, 28. Nov. 1801, 10589.--Dalmellington, 3. Dec. 1800, App. No. 2, v. Poor.-Dunse, 5. June 1745, Mor. 10553.-Crailing, 7. March 1767, ib. 10573.-Hutton, 6. Dec. 1770, ib. 10574.-Waddell, 14. June 1781, ib. 10583.-Brown, 4. March 1806, App. No. 4, v. Poor. -Tranent, 29. June 1737, ib. 10552.—Coldinghame, 28. July 1779, ib. 10582.-Edinburgh, 11. June 1806, App. No. 6, v. Poor. LIABILITY OR RELIEF. Paton, 20. Nov. 1772, Mor. 10582.-Abbey Parish of Paisley, 29. Nov. 1821.-Dalry, 17. Nov. 1791, ib. 14557.—Garvald, 14. Feb. 1817, F. C. FUNDS. Hill, 19. June 1739, Mor. 8011.-Hamilton, 23. Nov. 1752, ib. 10570.-Turnbull, 10. Aug. 1756, ib. 8013.--Dumfries, 18. Feb. 1783, ib. 8018.-W. Scott, 19. Feb. 1773, ib. 10577.-Beveridge, 26. June 1765, ib. 8014.-Straiton, 19. July 1688, ib. 9506.- Park, 12. Nov. 1668, ib. 3459. -Maxwell, 14. July 1774, ib. 9522.-Humbie, 15. Feb. 1751, ib. 10555.-Earl of Galloway, 22. Feb. 1810, F. C. -Christie, July 6. 1774, ib. 5755.-Hospital of Perth, 20. May 1795, ib. 5788.-Macausland, 16. Jan. 1793, ib. 2010.-Paterson, 10. Feb. 1803, App. No. 6, v. Ali ment.--Merchant Company of Edinburgh, 9. Aug. 1766, ib. 5750.-Campbell, 26. June 1752, ib. 7440.-Dick, 22. Jan. 1758, ib. 7446.—Thomson, 17. Nov. 1808, F. C. -Milroy, 21. Nov. 1815, F. C.-Cargill, 29. Feb. 1816, ib.-Inveresk, 28. May 1794, ib. 10585.-Laurie, 2. Dec. 1797, ib. 10587.--Ross, 16. Dec. 1800, App. No. 3, v. Poor. -Cochran, 11. Feb. 1823, S. & D. II. 201. ly on statute. PRESCRIPTION. The law of Prescription in Scotland depends entireThe object of it is to secure those in actual possession of any subject, heritable or moveable, against all claims or demands which are not insisted in within the years of prescription. The limits are various, and correspond to the nature of the claim against which this defence is meant to be stated. This title, therefore, shall be divided into the following branches or divisions: 1. Long Negative Prescription. II. Positive Prescription. III. Vicennial Prescription of Retours. IV. Vicennial Prescription of Holograph Deeds. v. Decennial Prescription of Tutory Accounts. VI. Septennial Prescription of Cautionary. VII. Sexennial Prescription of Bills and PromissoryNotes. VIII. Quinquennial Prescription. IX. Triennial Prescription of Shop Accounts, &c. |