Judicial Factors Act 1849 (c. 51)

The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,) the expression “ judicial factor ” or “ factor ” shall mean [ F1 factor loco tutoris ] , factor loco absentis, [ F2 and curator bonis ] ; F3 . . . [ F2 the word “ tutor ” shall mean any person who after the passing of this Act shall be served tutor of law [ F1 to any pupil ] , or be appointed tutor-dative to any [ F1 pupil or ] [ F4 person suffering from mental disorder within the meaning of the Mental Health (Scotland) Act, 1960 ] the word “ curator ” shall mean any person who after the passing of this Act shall be served as curator to any [ F4 person suffering from mental disorder within the meaning of the M1 Mental Health (Scotland) Act, 1960 ] ] ; the word “ accountant ” shall mean the accountant of the Court of Session, to be appointed under the authority of this Act; the expression “ lord ordinary ” shall mean the lord ordinary of the Court of Session discharging the duties of junior lord ordinary in time of session, and the lord ordinary on the bills in the time of vacation; the expression “ Court of Session ” or “ court ” shall, excepting as to the power of passing acts of sederunt mean either division of the Court of Session; the word “ estate ” shall include all property and funds, and all rights heritable and moveable; the word “ lands ” shall include all heritable subjects; words used in the singular number shall be held to include several persons or things; and words importing the masculine gender shall extend and be applied to females as well as males. Textual Amendments F1 Words in s. 1 repealed (S.)(25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8) , ss. 10(2) , 11(2) , Sch. 2 (with s. 1(3) ) F2 Words in s. 1 repealed (S.) (1.4.2002) by 2000 asp 4 , s. 88(3) , Sch. 6 ; S.S.I. 2001/81 , art. 3 , Sch. 2 F3 Words in s. 1 repealed (1.11.1996) by 1995 c. 36 , s. 105(4)(5) , Sch. 4 para. 2(2) , Sch. 5 ; S.I. 1996/2203 , art. 3(3) , Sch. F4 Words substituted by Mental Health (Scotland) Act 1960 (c. 61) , Sch. 4 Marginal Citations M1 1960 c. 61 .

Every judicial factor shall, within such time after his appointment as the court shall direct, find caution for his duly accounting for his intromissions and management, and observing and performing every duty incumbent upon him as factor, in terms of the rules prescribed or to be prescribed for the discharge of his office, and in case of his failure to do so his appointment shall fall; [ F5 and no factor shall enter upon the duties of his office, nor shall a certified copy interlocutor of his appointment be issued, until after such caution is found and received as sufficient; and the factor shall obtain a certified copy interlocutor of his appointment without delay ] Textual Amendments F5 Words substituted by S.I. 1967/487