
1 
This Act may be cited for all purposes as the Intestates Widows and Children (Scotland) Act, 1875.
2 
This Act shall extend to Scotland only.
3 
Where the whole personal estate and effects of an intestate dying domiciled in Scotland shall not exceed in value the sum of one hundred and fifty pounds, his widow or any one or more of his children, or in the case of an intestate widow any one or more of her children, may apply to the commissary clerk of the county within which the intestate was domiciled at the time of death; and the said commissary clerk shall prepare and fill up an inventory and relative oath, as nearly as may be in the form of Schedule A. appended to this Act, and shall take the oath of the applicant thereto, and on caution being found by the applicant according to the practice of the commissary court shall proceed to record said inventory and expede confirmation in the form as nearly as may be of Schedule B. annexed to this Act, and shall deliver the same to the applicant without the payment of any fee therefor save as is provided in Schedule C. annexed to this Act; Provided always, that where the value of the said estate and effects exceeds the sum of one hundred pounds the said inventory shall be duly stamped before being recorded; and such confirmation shall hare the same force and effect as that prescribed in Schedule D. annexed to the Act of the twenty-first and twenty-second Victoria, chapter fifty-six; and where such confirmation shall contain English or Irish estate the Registrar of any Probate Court in England or Ireland shall affix the seal of the said court thereto on the confirmation being sent to him by the commissary clerk for that purpose, enclosing a fee of two shillings and sixpence.
4 
The commissary clerk of the county may require such proof as he may think sufficient to establish the identity and relationship of the applicant.
5 
If the commissary clerk of the county has reason to believe that the whole personal estate and effects of which the intestate died possessed exceeds in value one hundred and fifty pounds, he shall refuse to proceed with the application until he is satisfied as to the real value thereof.
6 
All commissary clerks shall for the purpose of this Act hare power and are hereby authorised to administer oaths and to take declarations and affirmations. The term " commissary clerk " shall throughout this Act include " commissary clerk depute."
7 
Any rules and orders and tables of fees requisite for carrying this Act into operation shall be framed and may from time to time be altered by the Court of Session by act of sederunt; but the total amount to be charged to applicants shall not in any case exceed the sums mentioned in the Schedule C. annexed to this Act.
8 
Provided always, that nothing herein contained shall he construed to affect any duty now payable on inventories of personal estate.
SCHEDULE A

SCHEDULE B
SCHEDULE C

Where the whole estate and effects of the intestate shall not exceed in value twenty pounds, the sum of five shillings, and where the whole estate, and effects shall exceed in value twenty pounds, the sum of five shillings and the further sum of one shilling for every ten pounds or fraction of ten pounds by which the value shall exceed twenty pounds
