ACTS OF SEDERUNT OF THE LORDS OF THE SESSION, Past since February 1681.  

NEMO ME IMPUNE LACESSET   
EDINBURGH, Printed by the Heir of Andrew Anderson, Printer to Their most Excellent Majesties, Anno DOM. 1691.   

ACTS of SEDERUNT OF THE LORDS of the SESSION, Past since February, 1681.  

ACT, allowing all persons to sell Flesh in Edinburgh on the Mercat-dayes. February 17. 1682.  
THE Lords of Council and Session Considering, That by the 122 Act of the seventh Parliament of King James the 5th. It is Statute and Ordained, That upon the three Mercat days weekly, all manner of persons, both to Burgh and Landward, shall be free to come and sell Flesh in the Town of Edinburgh, for the furnishing of Our sovereign Lord, and his lieges, and others repairing to the said Town; And it being the general concern of all his Majesties Subjects, who have occasion to resort to, and reside in the said Town, attending the supreme Judicatories of the Kingdom, that so just and necessary an Act be duly observed; and that some persons upon pretence of privilege or Custom, may not take on them to have the only Right to sell Beeff, or other Boutcher Flesh in the said Burgh, excluding others, and thereby exact exorbitant rates at their pleasure: Therefore the Lords of Council and Session, in pursuance of the said Act of Parliament, Do Require the magistrates of Edinburgh, to take care, that in time coming, all persons whatsoever be allowed liberty and freedom upon the ordinary Flesh mercat dayes each Week, viz. Tuesday, Thursday and Saturday, to bring in to the Town of Edinburgh, Beeff, and all other Boutcher-flesh, and to sell the same in the Mercats, in the same manner, during the same space, and as freely in all respects, as the Fleshers Burgesses of the said Burgh, and of other Royal Burghs within this Kingdom, are in use to do; and that the magistrates allocat to the saids persons, convenient places in the Mercat, where they may be accommodat with Shambles, Stocks and Stands, for breaking out, and selling of the Fleshes brought in by them: And to the effect this may be made publicly known, the saids Lords appoints the magistrates of the said Burgh, to issue a Proclamation comform to this Act, and to cause Print and Publish the same, in the usual manner, betwixt and the twenty two day of February instant, and to be careful that due obedience be given thereto, as they will be answerable.   

ACT, concerning the passing of Bills of Suspension upon Juratory Caution November 8. 1682.  
THe Lords of Council and Session Considering, the inconveniencies that may ensue from the frequent passing of Bills of Suspension upon Juratory Caution, The Chargers for the most part, having no notice, that they might object against the same: For preventing whereof, the Lords do Ordain, that in time coming, when any person is to give in a Bill of Suspension, that he cause a Notar make previous Intimation thereof,( bearing the particular day) before Witnesses, to the Party Charger personally, or at his Dwelling-place, if he be within the Kingdom, and that the Instrument of Intimation be produced with the Bill, and that the Bill be given in to the Clerk within six days, after the day mentioned in the Instrument, otherways that a new Instrument be taken before the Bill be presented, and that the Ordinary on the Bills, in time of Session, before Reporting the Bill, containing Caution; and the three Lords Ordinars, in time of Vacance, before pasing such Bills, cause publicly call the Chargers, against whom the saids Instruments are produced; And the Lords do Ordain, that the Suspender shall Depone, whether he hath Lands in Property, or Liferent, or Bonds, Tickets or Contracts, containing sums of Money; and in case he aclowledge the same, that he condescend thereon, and Depone that he has no other Lands belonging to him, nor Bonds, Tickets, or Contracts, containing sums of Money, and that this be a part of his written Oath; And that the said Suspenders, before expeding of the Bills, shall Consign in the hands of the Clerk of the Bills, valid and sufficient Dispositions, or Assignations( at the sight and appointment of the Lord Ordinar) of the saids Lands and sums of Money. And in respect Parties do always offer sufficient Caution in the Bill of Suspension, to the effect the same may the more easily pass, and thereafter apply for a Supplement; whereas, if the Ordinary who past the Bill, had been acquainted, that sufficient Caution was not to be given, he would have been more strict in finding the Reasons relevant, for passing the same; Therefore the Lords do Ordain, that no Bills of Suspension, bearing offer of sufficient Caution, shall be expede upon Juratory Caution; But that the Party Suspender shall give in his Bill, bearing, Juratory Caution, and that the Ordinary may consider the Reasons, with respect to the Juratory Caution, as if the former Bill containing the same Reasons had not been past: And the Lords Discharges the taking of Oaths in supplement by Commission; And finds that the Suspender must compear and Depone before the Ordinary on the Bills, and that no Charge to set at Liberty be past upon Juratory Caution.   

ACT, ordaining the Clerks of Session to take Bond of their Servants, not to Agent in Processes. November 28. 1682.  
THe Lords of Council and Session Considering, that albeit by the Act of Parliament, concerning the Regulation of Judicatories, It is Ordained, That all the Agents be debarred the House, and not permitted to Negotiat in, or manage Processes; And it is recommended to the saids Lords to see the same punctually observed; yet some Servants in the Clerks Chambers, presume to be ordinary Agents for Parties in Processes, which is a direct contravention of the Act of Parliament, and of dangerous consequence, that the Clerks Servants, having under their Masters, the trust and custody of Processes, and of Writs produced therein; and being employed in Extracting of Acts and Decreets, should be Agents in these Processes: Therefore the saids Lords do Require the Clerks of Session, to cause all their Servants in their respective Offices, give Bond, that during their Service, they shall not Agent in Processes, for any of the Parties, under the pain of an hundred pounds scots, toties quoties, to be put in the Box, to be disposed of at sight of the Lords; and that they cause any persons whom they shall hereafter take in, to serve them in their Chambers, give the said Bond at their entry; And the Lords recommends to the Lord Register to see this Act put in punctual execution.   

ACT, concerning Commissions to Sheriffs in that part for giving Infeftment. January 20. 1683.  
THe Lords of Council and Session considering, That His Majesty doth sometimes sustain prejudice by the granting of Commissions to certain persons, as Sheriffs in that part for giving Infeftment, in regard these persons, who ought to receive the Retoured Duties, and be countable for the same, are sometimes insolvent; For remeid whereof, the Lords do Ordain, That any warrant to be past by them hereafter, to the Director of the Chancellary, for granting a Commission to a Sheriff in that part, for giving Infeftment, shall contain this Clause, That before the expeding of the Commission, Caution be found to the Lord Thesaurer, or Thesaurer-deput, That the Sheriff in that part shall be countable for the Retoured Duties, and that the same be attested under the hand of one of the Clerks of Exchequer, and that the Director Record the Commission in the Books of the Chancellary.   

ACT, concerning the payment of the Secretaries deuce, where Reasons of Suspension are discussed upon the Bill. November 6. 1683.  
THe Lords considering, that by an Act of Sederunt, dated the twenty fourth day of January, 1679. It is Ordered that the Lord Secretaries deuce should be payed, where the Reasons of Suspension are by warrant of the Lords discussed upon the Bill, sicklike as if the Suspension had been past and expede at the Signet: And to the end the said Act may be made effectual, The Lords Ordains, that in time coming, when any warrant shall be given by them, for discussing the Reasons of Suspension upon the Bill, either upon Petitions presented to that purpose, or upon Report from the Ordinary upon the Bills, that the Suspender do immediately make payment of the Secretaries deuce to the Keeper of the Signet, and obtain his Receipt of the same, either upon the back of the Bill, or on a Paper a-part; and if the same be not done before the Bill be called by the Ordinary upon the Bills, the Lords empowers the Ordinary to refuse the Bill of Suspension, and appoint the Letters to be put to further execution, notwithstanding of any former warrant sifting execution, or appointing the Reasons to be discussed upon the Bill.   

warrant for Letters of Horning for delivery of Consigned Money to the Clerk of the Bills December 22. 1683.  
THe Lords of Council and Session considering, that it is just and reasonable, that any sums of Money which were Consigned in the hands of the Clerk of the Bills for the time, should be transmitted to the present Clerk of the Bills, to be keeped by him, and to be made forthcoming to the respective parties who shall be found to have right thereto: Therefore the saids Lords Ordains Letters of Horning on fifteen dayes to be direct at the Instance of the Lord Register, against any persons now living, who were Clerks to the Bills, and against the Representatives of those who are deceased, Charging them to give up, and deliver to the present Clerk of the Bills, all sums of Money which were Consigned in their hands, during the time of their exercising the said Office, as the same ar● marked in the Records of the Office, and which were not given up again to the Parties, by warrant of the Lords; and ordains these Presents to be insert in the Books of Sederunt.   

ACT Ratifying the Act of the Faculty of advocates, anent the payment of deuce by Intrant advocates. January 28. 1684.  
THE which day, anent the Petition given in to the Lords of Council and Session, by the Dean and Faculty of advocates, showing, That where the Lords, by their Act of Sederunt, dated the Twenty eighth of February, One thousand six hundred sixty two years, did Ordain all advocates admitted since January One thousand six hundred and forty eight, and deficient in payment of their deuce to the Faculty, payable to them for the use of their Poor, and other public Affairs, and all who should be admitted thereafter to pay the same; and ordained Letters of Horning and Poynding upon six days to be direct against such Deficients, upon a Subscribed Roll given in by the Thesaurer of the Faculty, & no Suspension to pass thereof, but upon Consignation: And since that time the Faculty having founded a Library for themselves & the college of Justice, which is come a very great length, and doth further intend to erect a profession of Law, and to do several other things towards the advancement of that Study in this Kingdom: They by their Act dated the First day of January, One thousand six hundred seventy eight years, unanimously augmented the saids deuce upon Intrant advocates, to five hundred marks, to be payed by such as should enter in the ordinary way upon Examination, and to a thousand marks upon such as should importune the Lords to enter by Bill, or any extraordinary manner, which few or none hitherto have refused to pay being sensible of the good of so useful a Work. And therefore craving, that the Lords would be pleased, for the encouragement of this honourable and useful design, to Authorize the said Act of the Faculty, and ordain Letters of Horning to pass against all Deficients for the saids deuce, and no Suspension to pass thereof, except upon Consignation, as formerly; or otherwise that the Lords would be pleased to ordain them to be debarred, ay and while they pay the samen. Which Petition, and Desire thereof, being red, Heard, and Considered by the saids Lords; and they being therewith well and ripely advised, The Lords of Council and Session have approven, and hereby approve of the Faculty their erecting of their Bibliotheck, and of their design for establishing a Professor of Law, as a thing useful and expedient for the college of Justice, and profitable for the whole Nation: And for their better encouragement, and enabling them in the prosecution of such a public and necessary work. The Lords have Ratified and Approven, and hereby Ratifies and Approves, the Act of the Faculty, dated in January One thousand six hundred seventy eight, Imposing the Sum of five hundred marks Scots upon all advocates entering in the ordinary way, by Examination, and the Sum of one thousand marks upon all such as do enter extraordinarly by Bill, without Examination, to be payed to the Thesaurer of the Faculty for the time; and have allowed, and hereby allows the said Act to be put in execution against all advocates who have entered since the said Act, and have not payed the said deuce, or shall hereafter enter, by debarring of them from their employment, as advocates, ay and while the said deuce be payed; Reserving always to the Lords a power of Modification of the Sum of five hundred marks, payable by such advocates, as shall enter upon Examination, where they shall find Cause: And Ordains these presents to be insert in the Books of Sederunt; and have Rescinded, and hereby Rescinds all prior Acts of Sederunt, that may derogate from the same.   

ACT concerning Decreets of Adjudication. February 26. 1684.  
THE Lords of Council and Session considering, that by the nineteenth Act of the third Session of his Majesties Second Parliament, concerning Adjudications, it is Statute and Ordained, that in place of Comprisings, the Lords of Session, upon Processes raised before them, at the instance of any Creditor against his debtor, shall Adjudge and Decern to the Creditor, in satisfaction of his Debt, such part of the debtors Estate, consisting in Lands and other Rights, which were in use to be apprized, as shall be worth the Principal Sum and Annualrent then resting to the Creditor, and a fifth part more, besides the Composition to the Superior, and expenses of the Infeftment. Likeas, by the said Act it is provided and declared, That in case the debtor shall abstract the Writs and Evidents of the Lands, and other Rights to be Adjudged, and shall not produce a sufficient Right thereof, and deliver the same, or Transumpts thereof to the Creditor, as the Lords shall judge necessary; and in case he shall not Renounce the Possession of the Lands, and other Rights to be Adjudged, and ratify the Decreet of Adjudication, in that case it shall be leisome to the Creditor to Adjudge all or any Right belonging to his debtor, in the same manner, as he might have apprized the same, comform to the Act of Parliament 1661. anent the payment of Debts betwixt debtor and Creditor, in all points, under the Reversion, and with the power competent to other Creditors, expressed in the said Act. And albeit it appears by the foresaid Act of Parliament, that where the Adjudication is special, and proceeds upon Probation of the Rental, and the debtors production of the Writs, the Decreet ought to be for the Principal Sum, Annualrents thereof, and a fifth part more without the Penalty of the Bond; but where the Adjudication is general, in absence of the debtor, without Probation of the Rental, the Decreet ought to be for the Principal Sum, Annualrent, and Penalty( if any be) contained in the Bond or other Writ, which is the ground of the Adjudication; yet by mistake of the Clerks and their Servants, some Decreets of Adjudication have been Extracted, Adjudging the debtors whole Lands, in satisfaction of the Principal Sum, Annualrents, Penalty, and a fifth part more. And the Lords, in some cases which have occurred before them, being unwilling hitherto to annul these Adjudications, have restricted the same to the Principal Sum, Annualrents, and Penalty accumulat, contained in the Decreet; in regard the style of the Summons, concluding a fifth part more, hath given occasion to the foresaid error; but finding it expedient that the lieges be in a certainty as to this point for the future, they declare, that if hereafter any Decreets of Adjudication, proceeding without probation of the Rental, and Adjudging the debtors Estate in general, without restriction, shall be Extracted for a fifth part more, they will not sustain and restrict these Decreets of Adjudication, but will find the same voided and null, as if they had never been pronounced. And to the end the lieges may be certiorat herein, ordains this Act to be published at the Mercat-Cross of Edinburgh.   

His MAJESTIES warrant, exeeming the Lords of Session from payment of Taxes. November 19. 1684.  
THIS day the Lords ordained a Letter from his Majesty to the Lord High Thesaurer, and Thesaurer-deput, containing a warrant, discharging the uplifting of Taxes or Supplies from the saids Lords, or their Successors, to be Recorded in the Books of Sederunt; of which Letter the Tenor follows.  
CHARLES R.  
RIght trusty, and right well beloved Cousin and counselor, and right trusty and well beloved counselor, We greet you well. Whereas out of a regard to what is earnestly recommended to Us in the Third Act of Our current Parliament of that Our ancient Kingdom, We did, by Our Letter of the 30. day of December last by past, discharge you from granting exemptions to the Lords of Session, and some other persons, from paying their proportions of the Taxations and Supplies, at several times granted unto Us by Our Parliaments and Conventions of Estates of that Our Kingdom, yet finding by a Letter to Us from the Lords of Session, bearing date at Edinburgh, the twenty third of February last, that their Immunity and Exemption from payment of all Taxes, Contributions, and other extraordinary Charges were secured unto them, by the Law of the Kingdom, at the first Institution of the college of Justice, by the sixty eigh● Act of the fifth Parliament of King James the Fifth; and that this privilege and Immmunity hath been fully Ratified and Approven, by all Our Royal Predecessors since that time, in most Parliaments; and lastly, by Our Royal Self, in the eight Act of the second Session of Our second Parliament, which states them in a different case from others, to whom We were Graciously pleased, out of Our Royal Bounty, to Grant Exemptions from public Burdens; We have now thought fit to let you know, That in consideration of the premises, and of their eminent Services to Us, and that Our Kingdom, We are Resolved, That their said Immunity and Exemption shall be for the future, as it hath been formerly continued unto them, as being their Right, Established by Law; And therefore We Do hereby prohibit and Discharge you and your Successors in Office, from suffering any Taxes, supplies, Contributions, or other extraordinary Charges, to be uplifted, or called for from any of the saids Lords of Session, or their Successors in that Court, notwithstanding of any Orders formerly Granted by Us( particularly in Our said Letter, of the thirtieth of December last) to the contrary; Provided nevertheless, as it is Our express Will and Pleasure, that no other person or persons whatsoever be freed from any such Taxation, but that on the contrary they be indispensably liable to the payment of their proportional shares of all Taxations, Supplies, and other public Burdens Imposed, or to be imposed by Our Parliaments, or Convention of Estates, upon the rest of Our Subjects of that Our Kingdom, comform to the Intent and Meaning of the said third Act of Our Current Parliament; For all which this shall be to you, and all others who may be therein respectively concerned, a sufficient warrant: And so We bid you hearty Farewell. Given at Our Court at Whitehall the fifth day of April 1683. And of Our Reign, the 35th year. Subscribed thus by His Majesties Command, Morray. Which Letter is directed on the back thus, To Our right trusty and right well beloved Cousin and and counselor, and Our right trusty and well beloved counselor, William marquis of Queensberry Our Thesaurer principal, and John Drummond of Lundee, Our Thesaurer-Deput of Our ancient Kingdom of Scotland.   

ACT, Discharging the Printing of Informations. January 2. 1685.  
THE Lords of Council and Session upon divers good Considerations, Do prohibit and Discharge Printing of any Informations, or other Papers relating to Processes intented before them, or any Interlocutors, Acts or Decreets in these Processes; and Discharges all Printers within this Kingdom to receive in any of these Informations, or other Papers above-mentioned, to be Printed, without an express warrant from the saids Lords.   

warrant for Registrating Dispositions of Bankrupts Lands in the Books of Session. January 10. 1685.  
THE which day the Lords ordained the Dispositions to be made of Bankrupts Lands, by these having Commission from them to sell the same, comform to the 17th Act of his Majesties 3d Parliament, in Anno 1681. To be Registrat in the Books of Council and Session, by the ordinary Clerks of Session, and appoints a separate Register-Book to be kept in each one of the Clerks Chambers, wherein these Dispositions may be Recorded, with a Minut-Book relating thereto.   

ACT relating to the Sale of Bankrupts Lands. March 13. 1685.  
FOrasmuch as upon a report made this day to the Lords of Council and Session, by one of their number, of two Dispositions of Sale of Bankrupts Lands, granted comform to the Order and Method prescribed by the late Act of Parliament, in the year 1681. That Point did occur to be considered by them, concerning the oblidgment of Warrandice in the Dispositions to be granted by Creditors of their Rights to the Purchaser: For clearing whereof, the Lords do Declare, that the Creditors who are preferred to the price of the Lands upon payment, shall be holden to Dispone their Rights and Diligences used at their instances, in favours of the Purchaser, with Warrandice quoad the Sums received by them; so that in case of Eviction of the Lands Disponed, they shall be liable to refound these Sums in whole, or in part, effeiring to the Eviction, and the Sums payed to them, with the Annualrent thereof, only from the time of the Sentence; providing always Intimation be made to the saids Creditors of the Process for Eviction, before Litis-contestation in the Cause; and the Lords Declare this to be the import of any former oblidgments of Warrandice given by Creditors in the case foresaid.   

ACT in favours of the Under-Clerks, anent the payment of their deuce, where Commissions are granted. November 17. 1685.  
THE which day, anent a Petition given in to the Lords of Council and Session, by the Under-Clerks of the Session, mentioning, that where the greatest part of all their trouble and pains, in Processes wherein they are Clerks, is in these that comes the length of Litis-contestation and Probation lead therein; and after several Debates, Writing of minutes, Extending of Scrolls again and again; all the benefit they can expect for their pains, is by payment for the Depositions of Parties and Witnesses, comform to the Act of Parliament: But when the Lords grants Commission( as is now very frequent) to Examine Parties and Witnesses in the country, the Petitioners get nothing, and are thereby frustrat of all the payment which they expected, and used, to get for their pains: And therefore craving, that the Lords would allow the Petitioners the half of the ordinary deuce, where Parties and Witnesses are Examined by Commission; whereby they will be encouraged to serve the Lords and the lieges more cheerfully. Which Petition being considered by the saids Lords, They Found the desire thereof just and reasonable, and do Ordain, that in time coming, when Commissions shall be granted by them, for Examining of Parties, or Witnesses, that the Under-Clerks shall have the half of the ordinary deuce which are payed to them, where Parties and Witnesses do Compear before the Lords, and Depone, viz. A mark for each Party, and half a mark for each Witness Examined by Commission, to be payed at the return of the Report and Commission, before an Avisandum be put up in the Minut-book. And ordains these presents to be insert in the Books of Sederunt.   

ACT Concerning Processes of Cessio Bonorum. December 1 1685.  
THE Lords of Council and Session taking to their Consideration the abuses which have lately crept in, by the Clandestine calling and carrying on of Processes of Bonorum in the Outer-house, whereby the same comes not timeously to the knowledge of the Creditors concerned, that they may be heard; and that several persons have procured Decreets of Bonorum, who in Law ought not to have the same: For remeid whereof, the Lords do Ordain, that in time-coming, after a Summons of Cessio Bonorum shall be called by the Clerks in the Outer-house, albeit there be no Compearance at the calling for any of the Creditors, yet the Process shall be Enrolled in the next Weeks Roll for the Outer-house, and a Roll of the names of all the Creditors convened in that Process affixed on the Wall of the Outer-house, and Ordains, that in the Summons, there be specially libeled the occasion and way how the Pursuer came to be lapsus bonis, and that he adduce Probation, or produce sufficient Instructions or Evidences of the same in the Process: And ordains this Act to be insert in the Acts of Sederunt.   

ACT Declaring the Clerk of the Bills liable for the Parties damage where he refuses a sufficient Cautioner. February 18, 1686.  
THE Lords of Council and Session, considering that Parties may be prejudged, not only by the Clerk of the Bills, his receiving of insolvent Cautioners, but also by his refusing of Cautioners, who are sufficient; therefore they Declare, that the Clerk of the Bills shall be liable for the Parties damage, alsewel where he refuses a Cautioner who is sufficient, or is holden and repute to be sufficient, as where he receives an insufficient Cautioner.   

ACT Concerning the Order of the Lords going to the Side-bar, and Reporting of Causes. November 4. 1686.  
THE Lords of Council and Session, for avoiding Confusion at the Side-bar, do Ordain, that only two Lords in one day,( beside the Ordinary on the Bills) shall go to the Side-bar to call Process, and One of them only at one time, and that in the Order following, viz. First, these Two, who were Ordinaries in the Utter-house, the two weeks immediately preceding, and the next day, these two, who were immediately before them, and so forth the rest of the Lords, and that there be no exchange of days among the Lords. And the Clerks are discharged to writ any minutes, in any Process called at the Side-bar, contrair to the Order and Regulation above-mentioned, upon pain of Deprivation; And likewise, that the Lord, who was Ordinary in the Utter-house, the immediat preceding week, and no other, without his allowance, may go out to the Bench, in the Utter-house, and from nine o'clock, until the Ordinary come out, call any Process, wherein he had formerly pronounced Act, Decreet, Protestation, or Interlocutor; and upon Application of any of the Parties, shall find Cause to hear the same again; Providing always the Party apply within the space of a week, after the pronuncing of the Act, Decreet, Protestation or Interlocutor, after which time, the Lords discharges the Calling or Hearing of the same, either upon the Bench, or at the Side-bar, but leaves the Parties to seek remeid by Suspension, or Reduction, as Accords. And to the effect the Parties, and their Procurators may know the particular days of the respective Ordinaries weekly, they Ordain the Keeper of the Rolls, for the Utter-house, to affix upon the Wall each monday weekly, the particular days, and Names of such Lords as are to be Ordinaries, at the Side-bar, the week following. And the Lords discharges the Clerks in the Inner-house to red any Petitions, in relation to any Interlocutors pronounced in the Utter-house, except the Petition bear, that the Party had applied to the Ordinary, whom he shall name, and that he had refused to give them the Lords Answer, upon an amaund, comform to the late Act of Parliament, Anent the Regulations; and the Lords Ordain, that in time coming, only two Lords in one day Report Causes, and that they do the same, as they stand in Order, in the Squadrons. And that the Keeper of the Roll, for the Utter-house affix upon the Wall, each monday, the Names of the Lords, who are to Report Causes that week, and the particular days whereon they are to Report, and Ordain, that the Informations to be given to the Lords shall mention on the back thereof, by what Lord the Cause is to be Reported.   

Order Concerning Gratis warrants. November 20, 1686.  
THE Lords of Council and Session do Ordain, that any Petitions which shall be given in hereafter, by Persons craving the benefit of the Poors Roll, shall condescend upon the Process, wherein they are Pursuers, or Defenders, upon account whereof, they desire that benefit, and that the warrant for En-rolling them amongst the Poor shall be restricted to these Processes allenarly, and the warrant to continue only for three years, unless the same be renewed.   

ACT Anent the Ordering of the Inner-house. December 16. 1686.  
THE Lords of Council and Session considering, that by the ancient Custom, no Persons of whatsoever quality, were permitted to come within the Bar of the Inner-house, during the time of debating Causes, except his Majesties Advocat, the Clerks of Session, the Clerk of the Bills, and his Deput, and one Macer. They do Revive that custom, and Ordain the same to be duly observed in time coming, discharging hereby the Macers to permit any Persons, except those above expressed, to come within the said Bar, as they will be answerable on their peril. And in case any Person be desirous to speak with any of the Lords, while they are upon the Bench, that he call for a Macer at the Door, and give notice thereof by him; It is always hereby Declared, that the Lord Thesaurer, and Thesaurer Deput, or the Commissioners of His Majesties Thesaurary, not being of the Bench, shall be allowed to be within the Bar, when the King's Causes are called, and Debated, and no other ways.   

ACT empowering the magistrates of Edinburgh to impose a stint of 500 pounds Sterling yearly, for cleansing the Town for three years. January 29. 1687.  
THE Lords of Council and Session considering, that by an Act of the last Parliament, the magistrates of Edinburgh are ordained to lay down effectual ways, for preserving the Town, Cannongate and Suburbs, from Nastiness, and freeing the same of Beggars, which repair in and about the Burgh, under the Pains and Certifications therein expressed; And the Lords of Session, are by the said Act, appointed to meet with the magistrates, and to receive from them rational Proposals to that effect, who are likewise authorised with consent of the magistrates, to impose such Taxes upon the Inhabitants, Burgesses and others, as they shall find just and necessary, for cleansing the Town, and in pursuance of the said Act of Parliament. The Lords of Session having several times met with the magistrates, and at last resolved, and condescended upon a method of cleansing the Town of Edinburgh, Cannongate and Suburbs, from Filth and Nastiness, and of purging and freeing the same of Beggars, repairing in and about the said Burgh, as is more fully expressed, and Insert in the Articles, under the hand of Sir Alexander Gibson, one of their Clerks. And the saids Lords being convinced, that for the effectual Performance thereof, it will at first, require some considerable expense to be Debursed, for that end; Therefore the Lords of Council and Session, comform to the Power granted to them, by the said Act of Parliament; And for the Magistrat's, their Encouragement to perform the same effectually, Do, with Consent of the magistrates, Authorize and empower them, to Impose a stint of five hundred pounds Sterling yearly, for the space of three years, Commencing from the Term of Candlesmass, in this year, one thousand six hundred and eighty seven, upon all the Inhabitants, Burgesses, and others within the Town, Cannongate, and Suburbs thereof, according to the Rents of the Houses possessed by them, to be employed, for defraying the expense of Cleansing the Town, and freeing the same of Beggars: And the saids Lords, do hereby Declare, that it shall be always Competent, and in their Power, to Ordain and Prescribe, what further methods they shall find expedient, and necessary from time to time, for Cleansing of the said Town of Edinburgh, which the magistrates shall be holden to perform, without craving any further Imposition, or expense, than what is hereby Granted, and Declares, that if the magistrates shall be any ways Remiss, or Negligent, and shall not effectually Cleanse the said Burgh, and free it of Beggars, in, and about the same, the Imposition hereby Granted, shall Expire, and become null and voided, and the magistrates shall Incur and be liable to the Certifications contained in the said Act of Parliament. And for the further Encouragement of the magistrates in this matter, the Lords of Session, for themselves, and likewise the advocates, Clerks, Writers to the Signet, and other Members of the college of Justice, have voluntarly and freely offered to be liable for payment of their respective Proportions of the foresaid Sum, according to the Rents of the Houses, which they possess. It is always hereby Declared, that this Offer shall no ways prejudge the saids Lords, and Remanent Members of the college of Justice, as to their privilege of being free from all Stents, and Impositions, within the Town of Edinburgh: And the Lords do Declare, that they will appoint two of the college of Justice, to be present, when the stint shall be made, for the said Sum, to see that the same shall be equally Imposed; and for that effect, appoint the magistrates to give timeous Intimation to them, of the time of making the said stint. And Ordain this Act to be insert in the Books of Sederunt.   

Sentence in Favours of the Members of the college of Justice, against the Town of Edinburgh, February 23. 1687.  
THe Lords of Council and Session, having considered the Summons of Declarator, raised at the Instance of the Members of the college of Justice, of their privileges against the Town of Edinburgh; The Suspension raised by them of the Charges given at the Instance of the Town, for payment of the annuity, and the Bill of Suspension given in of the Charges for their Proportions of his Majesties Supply, the Answers made thereto for the Town, and whole Disput proponed for either Party, with the Acts of Parliament, and other Acts and Writs founded on hinc ind in the Debate; They sustain the foresaid Declarator, as to the Members of the college of Justice, their immunity and Exemption from payment of the annuity for the Ministers Stipends; And Decerns and Declares them free thereof, both as to by gones and in time coming, and Suspends the Letters simpliciter for the same; and likewise sustains the Declarator, as to their immunity from Watching and Warding, and any Impositions for the same, and from payment of any Customs, Calsey-mails, shore deuce and other Impositions, laid on their Provisions of Meat and Drink for their Families, and their other Goods carried to, or from the Town, and collected at the Ports or other places within the Liberties of the Town; And Declares, that the producing a Certificate subscribed by a Member of the college of Justice, bearing that the Goods or Provisions do properly belong to him, shall be sufficient for freeing them from payment of the said Customs and Impositions, the Certificat being renewed once in the half year at least: And Sustains the Declarator, as to the Pursuers Exemption from the Civil Jurisdiction of the magistrates of Edinburgh, and Declares, that upon their proponing Declinator thereof, the magistrates ought to desist from any Procedor against them without necessity of Advocation, and before Answer as to the Criminal Jurisdiction, and to that Point of the Declarator concerning the Pursuers employing Un-freemen within the Town. The Lords Declare they will take trial what has been the former Custom as to both these points, and particularly what was done in the Cases mentioned in the Debate; And the Lords Ordain, that where a Taxation or Cess is imposed by Acts of Parliament, or Convention of Estates; To which the Members of the college of Justice are or shall be liable, that there be a special and distinct stint made upon the Town and Suburbs for the Quota imposed, and so much more only as may defray the incident Charges of Collecting the same, wherein no Exemption shall be given to the magistrates, Stent-masters or other persons, but that they be stented for their Proportions of these Impositions as well as other Inhabitants, and likewise, that the Tenements belonging to Trades be stented, and the Towns Common-good, where the same consists in Land or Few-duties, and doth not bear burden with the Shire; but prejudice to the Town of Edinburgh, if they think fit to lay on the Proportions of these who have been in use to be exempted upon their own Neighbours, but not upon any Members of the college of Justice: And to the end these Impositions warranted by public Authority may be equally laid on, and these of the college of Justice, who are heritors not burdened beyond their just Proportions. The Lords Declare, that they will from time to time Nominat one Advocat, and one Writer to the Signet for each Quarter of the Town, to meet with the Stent-masters, who shall be appointed by the magistrates, at their taking of the Survey, and Valuation of the whole Tenements within the Burgh and Suburbs, and of the Trade of the Burgesses which is in use to be stented, and to bear a part of the burden of the Cess, and to be present at all their Meetings for imposing of the stint, and to see that the Valuation be justly and equally made, and the stint laid on accordingly, and for that effect, appoints the magistrates to make Intimation of the time of the stint masters Meeting to the Lord President of the Session, the Dean of faculty, and the Keeper of the Signet Ten days before in time of Session, and Twenty days in time of Vacance; And Appoints this method of Stenting, to begin and take effect for that Term of His M●jesties Supply due and payable at Martinmass next, 1687. but prejudice to the Town of Edinburgh, to use execution for that Terms Supply which was payable at Martinmass last 1686, and the Whitsundays Term now ensuing, according to the stint already imposed for these two Terms: And the Lords do Declare the persons following to be Members of the college of Justice, who are to enjoy the privileges abovementioned, viz. The Lords of Session, advocates, Clerks of Session, the Clerks of the Bills, the Writers to the Signet, the Deputs of the Clerks of Session, who serve in the Utter-House, and their substitutes for Registrations, being one in each Clerks Office, the three Deputs of the Clerks of the Bills, the Clerks of Exchequer, the Directors of the Chancellary, their Deput, and two Clerks thereof, the Writer to the Privy Seal, and his Deput; The Clerks of the General Registers of Seasings and Hornings, the Macers of the Session, the Keeper of the minute Book, the Keepers of the Rolls of the Inner and Utter-House. And the Lords do extend the privileges foresaid to the persons following, viz. One actual Servant of each Lord of the Session, one Servant of each Advocat, four Extracters in each of the three Clerks Offices of the Session, two Servants employed by the Clerk of Register in keeping the public Registers, the Keeper of the Session-house, and the Keeper of the advocates Library. It is always hereby Declared, that if any of these Servants and others, to whom the foresaid privileges are extended shall keep Merchant-Shops, Taverns or Ale-houses, or exercise any other Trade within the Burgh, they shall not enjoy any of the privileges abovementioned, and Ordains these presents to be recorded in the Books of Sederunt, and to be Printed.   

ACT concerning Decreets comform. June 22. 1687.  
THE Lords of Council and Session considering, that the custom heretofore observed, whereby Ministers of the Gospel have been in use to purchase Decreets comform, upon Decreets of Locality obtained by their Predecessors, is unnecessary, and inconvenient, and chargeable to the Ministers: Therefore the saids Lords do Declare, that where a Decreet of Locality is obtained by a Minister for his Stipend, any succeeding Minister needs not obtain a Decreet comform thereupon; but upon a Bill given in by him to the Clerk of the Bills, in the ordinary way, and production of his Presentation, Collation, and Institution, with the Decreet of Locality obtained by his Predecessor, Letters of Horning may be direct against these liable in payment of his Stipend; and Declare, that any Execution which shall be used thereupon, shall be valid and sufficient, notwithstanding of any former custom or practise to the contrair.   

ACT discharging Decreets to be delete in the Minute-book, for not payment of the Macers deuce. June 30. 1687.  
THE Lords of Council and Session considering the prejudice the lieges do sustain, by scoring of Decreets in the Minut-book, for not payment of the Macers and keeper of the Minut-book their deuce; therefore they discharge any Decreets put up in the Minut-book, to be scored or delete upon that ground: And ordains the Clerks of Session, in their respective Offices, to appoint that person who uplifts their own deuce, also to Collect the deuce payable to the Macers and keeper of the Minut-book, for Decreets Extracted in their Chambers, according to the respond whereof, the said Collector shall be liable to make due payment to them: And ordains that the Responde-Book make mention of the date of the Decreet Extracted, as the same stands in the Minut-book.   

ACT for inserting all the Defenders names in the Minut-book. December 10. 1687.  
THE Lords of Council and Session considering the prejudice the lieges do sustain, by the custom used in putting up in the Minut-book Decreets obtained by a Party, against several Defenders, expressing only one of their names, and comprehending the rest under the word, and others; Therefore they ordain, that in time coming the keeper of the Minut-book shall set down therein the Names and Designations of all the Defenders, against whom the Decreet is given; with certification, that if any of their names be omitted, the Decreet, as to that person, shall be voided and null; excepting Decreets given against tenants, in Poyndings of the Ground, Removing, and for Maills and Duties, wherein it shall be sufficient to mention them to be tenants in such a barony or Tennendry; but if any of the Defenders Called, or a third Party Compearing, propone upon his Right, and Decreet be given against him, his name is to be insert in the Minut-book: And the Lords Ordain, that in Process against debtors, where an Advocate Compears for any of the Defenders, for whom he did not return the Process, that he shall mark with his hand upon the Process, for what person he Compears, and Subscribe the same, comform to the Act of parliament, and that he be not allowed to propone a Defence for the Party, until he do the same.   

The formula of the Oath in a session Bonorum. February 8. 1688.  
THE Lords of Council and Session do Ordain, that in Process of Cessio Bonorum, the Pursuer shall give his Oath in the Terms following, viz. If he hath any Lands, Heretages, Sums of Money, Goods or Gear belonging to him, more than is contained in the Disposition, and Inventar produced in Process, if since his Imprisonment he hath made any other Disposition than that which is produced; and if he hath made any other before his Imprisonment, and if he aclowledge that he hath made any other Disposition before his Imprisonment, that he condescend upon the same, and also that he Depone, if since his Imprisonment he hath put out of his hands any Moneys, Goods or Gear belonging to him: And the Lords do Declare, that if the Pursuer shall deny that he hath granted any other Disposition, & that his Oath shall be thereafter redargued, the Decreet of Bonorum obtained by him, shall be voided and null, and he shall never get the benefit of a Cessio Bonorum thereafter.   

ACT concerning Oaths in Exhibitions. February 22. 1688.  
THE Lords of Council and Session considering the inconveniencies to His Majesties Subjects, by Defenders called in Exhibitions or Incidents, for Exhibition or Production of Writs, their Deponing only in general terms, that they neither have, nor had the Writs since the Citation, or fraudulently have put the same away at any time. Therefore they Ordain, that in all time coming, Parties shall be obliged to answer to all special pertinent Interrogators, in relation to their having of the Writs, or putting the same away, or as to their knowledge and suspicion, by whom the samine were taken away, or where they presently are, that the Pursuer may thereby make discovery, and recover the same. Declaring always, that upon advising of the Defenders Oaths, they shall not be otherways decerned against, as havers of the saids Writs, unless it be found that they had the same since the Citation, or fraudfully put them away at any time.   

ACT concerning Bills of Suspension, where the Reason is referred to the Chargers Oath. February 29. 1688.  
THE Lords of Council and Session, considering the prejudice the lieges do sustain, by Suspensions raised frequently upon calumnious reasons, referred to the Chargers Oath; They Ordain, that in time coming, where Bills of Suspension shall be given in, and the reason offered to be proven by the Chargers Oath, that the Ordinary upon the Bills, if he find the reason relevant, shall take the Oath of the Charger, being present, upon the verity of the reason, in order to the passing or refusing of the Bill of Suspension; and if the Charger be absent, that he take Suspenders Oath of Calumny, that he hath just reason to propone the Reason of the Suspension; and he Deponing affirmativè, or if he be not present to give his Oath, that in either of these cases, the Ordinary pass the Bill, with this Quality, that the Suspender shall be liable to the Charges and expenses the Charger shall be at, through the purchasing of that Suspension, and in discussing of the same, according as he shall depone upon these expenses, without any modification thereof, if the Letters shall be found orderly proceeded.   

ACT concerning the trial of advocates, who enter upon a Bill to the Lords. July 6. 1688.  
THE Lords of Council and Session, do ratify and Approve the form and manner of trial, which is at present, and hath been these several years by gone observed, as to such who enter advocates upon trial, in the ordinary way, viz. By private and public Examination, and assigning them the Subject of a public Lesson; and finding it expedient that some course be taken for regulating the entry of others, who are admitted extraordinarly upon a Bill to the Lords, They Ordain, that in time coming, when any persons shall apply to the Lords, to be entered advocates, without undergoing the ordinary trial, they shall be examined by the Lords in praesentia, concerning their knowledge of the Styles, the form of Process, and of the Principles of our Law, and that the Lords shall be well informed of their integrity and honest deportment, before they be admitted.   

ACT for marking the Names of the Witnesses Examined upon the Act. July 7. 1688.  
THE Lords Ordains, that the Ordinary who Examines Witnesses, immediately after the Examination, shall set down upon the Act or warrant for Examination, the Names of the Witnesses Examined by him, and Subscribe the same: And the Lords Declares, they will have no regard to the Depositions of these Witnesses, whose names shall not be set down by the Lord Examinator, in manner foresaid.   

ACT, anent the Habit of Dyvours. July 18. 1688.  
THE Lords of Council and Session do ordain, that in time coming, when any Bankrupt shall raise a Process of Cessio bonorum against his Creditors, that with the Process he produce a Certificat, under the hand of one of the magistrates of the Burgh where he is Incarcerat, bearing, That he hath been the space of a Month in Prison; without which Certificat, the Process is not to be sustained; and when he shall obtain a Decreet, Ordains the magistrates of the Burgh, before his Liberation out of Prison, to cause him take on, and wear upon his Head, a Bonnet, partly of a Brown, and partly of a Yellow Colour, with upper-most Hose, or Stockings, on his Legs, half Brown and half Yellow coloured, comform to a Pattern delivered to the magistrates of Edinburgh, to be keeped in their tollbooth, and that they cause take the Dyvour to the Mercat-Cross, betwixt ten and twelve a Clock in the forenoon, with the foresaid Habit, where he is to sit upon the Dyvour ston, the space of an hour, and then to be dismissed; and ordains the Dyvour to wear the said habit in all time thereafter; and in case he be found either wanting, or disguising the same, he shall lose the benefit of the Bonorum; And in case the magistrates Certificat aforesaid shall be redargued, or that they shall not observe the said Order, in the Liberation of Dyvours, they shall be liable in the Debt, for which the Dyvour is Incarcerat: And the Lords Declares, they will observe this Act in time coming; and will not dispense with the foresaid Habit, except in cases of innocent misfortune, liquidly libeled, and proven. And appoints this Act to be Printed, and the Agent for the Royal-Burrows, to transmit a Printed Copy thereof to the magistrates of each Burgh.   

ACT, anent Nottars. July 21. 1688.  
THE Lords of Council and Session do prohibit and Discharge Notars to subscribe Writs for persons, who cannot writ themselves, unless it either consist in the Notars knowledge, that he for whom, and at whose command they subscribe, is the person designed in the Writ, or that the same be attested by these who subscribe witnesses to the Notars subscription, or by other credible persons, and which the Notar is to mention, when he subscribes for the Party. And to the end, that this Act may be known to all his Majesties lieges, Ordains the same to Printed.   

ACT, anent the Calling of Transferrings. July 26. 1688.  
THE Lords of Council and Session do Declare, that Summons of Transferring being seen and returned, may be called before the Ordinar, in the Outter-house, and that he may proceed therein, albeit the same be not Enrolled.   

Act concerning Summons of Wakening. November 6, 1689.  
THE Lords of Council and Session considering, the expense that must arise by Summons of Wakning of the whole Processes depending before the Lords, and the Executions thereof through all the corners of the Kingdom, if the ordinary Form of Waknings were necessary to be observed in this extraordinary Case, and withal considering that the Lords in extraordinary cases, have allowed Edictall Citations at the Mercat-Crosses; Do therefore for the ease of the lieges, Appoint the keeper of the Signet to exped three Summons of Wakning for each Shire of the Kingdom, leaving a large Blank for inserting Processes therein, and do hereby Ordain the Sheriff Clerk of each Shire, and the Clerks of the Stewartries of Kircudbright and Orknay; and in case of their absence or neglect, the Town-Clerks of the Head-Burghs of the saids Shires and Stewartries, to insert all Processes whereof he shal receive a Note before the second Mercat-day after the saids blank Summons comes to his Hand, and that he cause city all Persons and Parties residing within the Shire or Stewartrie upon six days, to appear before the Lords, for wakning the saids Processes, and that he cause red the said Summons publicly at the Mercat-Cross betwixt ten and twelve on the said Mercat-day, after three several Oyesses, and that he affix a Copy of the said Summons, so filled up upon the across, and that he return the said Summons with Executions several, and particular, for each process insert therein, with all possible diligence to one of the principal Clerks of Session, and that he make the like Citation upon the second blank Summons sent to him upon the next Mercat-day in manner foresaid, for all the Processes whereof he shal receive a Note for the second before the said Mercat-day; And that he do the like on the next Mercat-day thereafter, as to the third Summons sent to him, and that he cause the Executor, sign all the several Executions, with the Witnesses that he ●mployes therein respectivè: Providing always, that he receive six Shilling Scots with each Note of the Processes to be insert as aforesaid, for doing the Duties above-written, and for returning the Processes to the Clerk, It is hereby Declared, that this is without prejudice to any Party that pleases to make use of Waknings in the ordinary form, and that it is only to be extended to such Processes, as were not sleeping the first of November 1688, and since that time have not been called through the Surcease of Justice, and that there is no necessity to waken concluded Causes;( The same having never been in use to be wakened) which the Lords will advice, and proceed in according to the Books of Enrolment: Likeas, the Lords appoint the Pursuers, who have Benefit by this Order, to have their several Executions delivered to them by the Clerks of the Session, and appoints them to present copies of the said general Summons, to be formed by the Writers, and pass the Signet, as is usual in taking Summons of the Signet; And it is hereby Declared, that where Summons were formerly execute for the first diet, and the second Citation not given, that in that Case a new Summons may be raised in Name of Their Majesties, King William and Queen Mary, which shal suffice in place of a second Citation, and if the Summons have been execute for both diets, but not called, that the same may be wakened in the same manner, as is appointed by this Act for Summons, which have been called. And ordains this Act to be Printed and published by Macers or Messengers at Arms, at the Mercat-Cross of Edinburgh, and Appoints the several Sheriff-Clerks to cause publish the same at the Mercat-Cross of the Head-Burgh of the Shire, upon the next Mercat-Day after the same shall come to their hands, betwixt ten and twelve a Clock in the forenoon.   

ACT concerning Declinators proponed against the Ordinary in the Utter-House. December 14, 1689.  
THE Lords of Council and Session considering, that sometimes Declinators are proponed against the Ordinary in the Utter-House, and it being no ways Just, that the Party on that Occasion should sustain prejudice by delay of the Process; Therefore, the Lords do Declare, that when the Ordinary in the Utter-House shall be declined upon relevant Grounds in Law; or that the ordinary shall decline himself, that upon desire of the Ordinary, or application of the Party, They will Nominate and Appoint an other of their Number to call and discuss that Process in that same Week.   

Additional ACT concerning the Order of the side bar, and reporting of Causes. January 16, 1690.  
THE Lords of Council of Session, Do renew the Act of Sederunt of the fourth of November 1686, anent the Order of the Lords going to the Side-Barr, and reporting of Causes, and Ordains the same to be duly observed in time coming, with the Additions following, viz. That the first name in the Roll of the two Ordinaries for the Side-Barr, shall go out betwixt Ten and Eleven, and the other betwixt Eleven and Twelve a Clock; And where any Act, Decreet, or Protestation being pronounced without Debate in the Cause, is thereafter stopped upon Application of one of the Parties, that the same is not to be called at the Side-Barr, but upon the Bench in the Utter-house, before the ordinary come out the next week at furthest after pronouncing thereof; And whereas it is Ordained by the said Act, that only two Lords in one day shall report Causes, The Lords Declares, that the Ordinary in the Utter-House, and the Ordinary on the Bills, are not thereby debarred from reporting, they being understood to be Supernumerary; And Ordains the foresaid Act of Sederunt, with their additions thereto, to be affixed on the Wall of the Outter-House.   

ACT, concerning Aliments and Factors being liable for Annualrent. The last of July, 1690.  
THe Lords of Council and Session taking to their Consideration, That they are frequently importuned by Parties having Actions depending before them, who apply to have Sums modified for their Aliment, during the dependence of these Actions; albeit it be doubtful, if there will be any free superplus due to them, which might be a ground for such a Modification; Therefore the saids Lords Declare, That in time coming they will grant no Aliment to Parties upon the account of Actions they have depending before them, unless it appear that there will be a free superplus Sum uncontrovertedly belonging to these persons, at the event of the Process, in consideration whereof a Sum may be modified in the mean time, for their present Aliment and Subsistence; and in case of Competition anent the Rents of Lands, upon real Rights, that no Aliment shall be given to any of the Competitors, until a Decreet of pference, ranking the whole Creditors, be obtained; unless there appear a clear Fond, out of which the Aliment may be granted, without prejudice of any other of the Competitors, Likeas it is further Declared, That where there is a Sequestration of Rents, and a Factor name by the Lords, that the Factor shall be liable for Annualrent of what Rents he shall recover, or by diligence might have recovered within a year after the same are due, in respect the Factor cannot safely pay to any of the Competitors, until the pference be concluded; And in like manner, that no Aliment shall be granted to debtors, or persons having Right to a Reversion, or to the Property after the Distresses are purged, unless it be evident, that there is a superplus Rent over and above all the Annualrents of the persons Competing.   

ACT, for keeping the Innermost bar of the Outter-House. November 6. 1690.  
THe Lords of Council and Session, Considering the inconveniency of the peoples crowding within the Innermost bar of the Outter-house, where the Under-Clerks, and the Keeper of the Minut-Book stay, and the hazard that may ensue therefrom, of abstracting Processes and Papers; They Prohibit and Discharge any Persons to enter, or stay within the said bar, excepting his Majesties Advocat and solicitor, and one Servant to be appointed by the Advocat, and Ordains the Little Door nearest the Bench, one the West-side thereof to be immediately closed up. And the Lords requires the Macers to exact from each person, who shall be found within the said bar, half a Dollar toties quoties, to be put in the Poors Box; and in case the Party do not pay the same immediately, that they commit him to Prison. And the Lords Declares, That if the Macers shall spare any person, in not exacting the said Fine, that they shall be liable therein themselves.   

ACT, concerning the stoping of Decreets, and hearing the Cause thereafter. November 7. 1690.  
THe Lords of Council and Session do Ordain their Act of Sederunt, of the fourth of November 1686. with the Additions and Alterations thereof, by their Act of the 16th of January last, to be exactly observed, and to be affixed upon the Wall of the Outer-House, with the additions following, To wit, That the giving stops to Acts, Decreets, Protestations, or Interlocutors, within six days after pronouncing thereof, is not to hinder the Extracts of the same, after they are red in the minute Book; But on the contrair, Ordains the Clerks to give Extracts as they shall be demanded, with all diligence, as they will be answerable; But only in case the Parties do not insist to obtain Extracts within twenty four hours after they are red in the Minut-Book. And further, in case Extracts be not insisted for, and obtained of the foresaid Sentences, wherein Parties have been heard upon the Bench, The Lords do further Declare, That no stop shall be granted, if the same shall not be obtained within six days after the date of the Sentence, craved to be stopped, and that no further time shall be granted, but the first diet that falls to the Granter of the stop, to be at the Side-Barr, in manner above-written. And it is further Declared, That no stop shall be Granted, unless he who craves the same, give in to the pronouncer of the Sentence craved to be stopped in writ, the particular Points he desires to be heard upon, that the Ordinar may reject the same, unless he find a relevant Ground therein; And if thereupon he stop, that he shall give the other Party the said Condescendence to see, that both parties may be ready at Calling, that time be not spent with unnecessar altercations at the Side-Bar. And Ordains an Amaund to be given in to the Ordinary, with the said Condescendence, to be put in the Poors Box, in case the Process or Interlocutor therein be found to have been disingenuously represented in the Condescendence: And the Lords do prohibit and Discharge any Servants of the Lords of Session, to Agent in Processes, or to deliver Informations to the Lords, except in their Masters own proper Causes, or where they are concerned themselves as Parties; And likeways Discharges the Clerks Servants to Agent in Processes, or to deliver Informations to the Lords, except in their Masters proper Causes, or their own, with Certification if they transgress, they shall be extruded the House, and further punished as the Lords shall see cause.   

ORDER for Printing the Act against Solicitation, and Observing of the same. November 11. 1690.  
THE Lords of Council and Session do Ordain their Acts of Sederunt, of the 6th of November, 1677. and the 24th of December 1679. against Solicitation, to be Printed, and Affixed on the Wall of the outer-house, and Ordains these Acts to be observed in all points, Likeas, the present Lords have engaged upon their Honour, to observe the same: and Ordains that each Session the Lords shall renew that Engagement. This Subscribed by the Lords ut Sederunt.   

ACT concerning the manner of delivering Informations to the Lords. November 29. 1690.  
THE Lords of Council and Session taking to their serious consideration the great inconveniency of Solicitation, which creates diffidence in these who have not acquaintance or friends to recommend them, that they are not equally stated, and puts them to a necessity to go to every Lords Lodging, imagining that if they do not, that he may think he is either despised, or disinherited, which is a slavery upon the lieges, upon the Lords, and upon the Lawyers, who are frequently urged by their Clients to go with them, or for them to solicit the Lords: Therefore to prevent so evil a custom, which is contrary to several Acts of Sederunt, and contrary to the practise of the most civil Nations abroad, The Lords have renewed and enlarged the Acts of Sederunt against Solicitation; And because they find the chief occasion of Solicitation, is the pretence that the lieges think they are not secure that the Lords get their Informations, unless they deliver them in their own hands, and thereupon take occasion to solicit; for preventing whereof, and for easing the lieges, themselves, and the Lawyers, They, according to the example of the most famous Judicatories abroad, have appointed Boxes for every one of the Lords, to stand on a Bank in the Session-house, from three a-Clock till seven a-Clock at night, each Box having a slit, in which the Informations or Bills may be let in, and cannot be drawn out, until the Box be opened; the Key whereof is to be kept by every Judge himself, and to be committed to no other; and each Lord is to sand for his Box at seven a-Clock at night, that he may have competent time to peruse all the Informations therein, and to consider the same, and the Citations alleged in the same, whereby none of the lieges can be put to trouble to attend any of the Lords, for giving their Informations, Bills, or Answers. Therefore the Lords do Declare, that they will receive no Informations, Bills, or Answers, in any other way, and that the receiving the same any other way, shall be holden as Solicitation, except these Lords who are to report, who may receive the Informations of the Parties, being delivered to the Clerk of the Process, and by the Clerk, with the Process, to the Reporter. And because Parties do frequently forbear to give their Informations, through negligence, or of purpose to see their Adversaries Informations, before they make their own: And likewise, the Lords sometimes are not ready to report, when they have received Informations, whereby the rest of the Lords are uncertain what will be reported every day, and are necessitated to red much more than they needed: Therefore it is appointed, that every Reporter shall before seven a-Clock at night, put a Note in each Box, of the Parties, whose Process he is to report the next day.   

ACT concerning the time of Signing Interloquitors by the Ordinary. December 13. 1690.  
THE Lords of Council and Session, considering the inconveniencies that do fall out through the delay of Signing Interloquitors by the Ordinary, after the same are pronounced; therefore they Ordain, that in time coming, where any Act, Decreet or Protestation is pronounced by the Ordinary in the Outer-house in absence, the warrant thereof shall be signed by him before he go off the Bench; and where any Interloquitor is pronounced by the Ordinary in the Outer-house upon Debate, that the same shall be presented to him, to be Signed that day whereon the Interloquitor is pronounced, or the next day thereafter, except these pronounced upon Friday and Saturnday, which are to be Signed at furthest upon the monday thereafter, otherwise that the same shall not at all be Signed, but the Process shall be entered again in the Books of Enrolment. And the Lords Declares, that they will attend from six to seven a-Clock at night, for Signing the saids Interloquitors. Likeas, the saids Lords do Ordain, that where a Cause is taken by the Ordinary in the Outer-house to Interloquitor, to be reported to the whole Lords, the Process shall be brought to the Ordinary, as follows, viz. The Process taken to Interloquitor upon Tuesday, to be brought to the Ordinary upon Wednesday, to be reported upon Thursday; and these taken to Interloquitor on Wednesday, to be brought to the Ordinary on Thursday, to be reported on Friday; and the Process taken to Interloquitor on Thursday, Friday and Saturnday, to be brought to the Ordinary on monday thereafter, to be reported on Tuesday or Wednesday following; with certification, that if the same be not done, the Process shall go to the Roll again.   

ACT Ordaining Processes to be delete, where the Pursuer does not insist. December 20. 1690.  
THE Lords Ordains, that where Causes are called in the Roll of the Outer-house, and the Pursuers Procurators do not insist, that the Process shall be delete out of the Roll, and not continued to the next Weeks Roll.   

ACT anent the Collecting of the Macers deuce for Decreets. December 31. 1690.  
THE Lords of Council and Session considering, that by the way now used of receiving the Macers and Keeper of the Minut-book their deuce for Decreets, by the Clerks Servants, who Extract the same, the Macers are sometimes frustrat or delayed in the payment thereof; Therefore the Lords do Ordain the Keeper of the Minut-book in time coming, to Collect the deuce payable to the Macers and himself for Decreets, and to make payment thereof to them, as they shall require the same; and Prohibits and Discharges any Decreets to be Extracted after the sixth of January next, until a Certificat be produced to the Clerk Servant, Extracter of the Decreet, under the hand of t●e Keeper of the Minut-book, bearing the Macers deuce for that Decreet to be payed to him: With Certification, that the Extracter who shall contravene, shall be extruded out of the Chamber, and otherways pu●ished as the Lords shall think fit: And for that effect, that the Clerks make their respond Books patent to the Macers, and Keeper of the Minut-book.   

ORDER concerning the time of putting Informations in the Boxes. June 2. 1691.  
THE Lords of Council and Session do Ordain their Act of the Twenty ninth of November, 1690. Anent the manner of delivering Informations, to be duly observed, with this alteration, That whereas by the Act, the Boxes wherein the Informations are to be put, are appointed to stand in the Session-house from Three to seven a-Clock at night. The Lords Ordains, that for this Session the Boxes shall only remain in the Session-house until Six a-Clock, and that then the same be taken away, that the Lords may have competent time to peruse their Informations.   

ACT appointing a List to be affixed on the Wall, of Causes to be called at the Side Bar. June 10. 1691.  
THE Lords of Council and Session do Ordain, that each Lord, when he falls in course to be Ordinary at the Side-Bar, shall the day preceding, before Three a-Clock in the Afternoon, cause affix upon the Wall of the Outer-house, a Note or List of the Causes to be called by him the next day, to the effect the advocates for the Parties concerned in these Causes may be in readiness to Debate at Calling thereof; and appoints the like to be done by the Lord who goes out, and calls on the Bench in the Outer-house( before the Ordinary come out) any Process wherein he hath pronounced Act, Decreet, or Pro●estation without Debate, and thereafter stopped by him, or referred to him by the Lords. And it is hereby Declared, that the advocates shall not be obliged to Debate in any Process, which shall not be contained in the foresaid Note.   

ACT allowing the Ordinary for the outer-house, to call Causes on the Bench the Week after he is Ordinary. July 7. 1691.  
THE Lords of Council and Session do Declare, that to prevent the confusions at the Side-Bar, the Ordinary in the Outer-house, after his Week is ended, will sit in the Outer-house the Week immediately following, half an hour before the Session-Bell Ring, till the Ordinary in that Week come out, that he may hear Parties upon any Alledgance, for altering any Sentence or Interloquitor given by him in his Week, Provided that the Alledgance be delivered in Writ to him, if he find it just or doubtful, and will form a Roll of such Alledgances, and sand the samen to the Clerks, that these concerned may take a Copy thereof, and be in readiness, and that he will stop nor alter no Interloquitor nor Sentence otherways. And the Lords Declares, that they will meet during this Session at half nine a-Clock.   

ACT ordaining Letters under the Signet, to be Subscribed at the Juncture of the Sheets. July 8. 1691.  
THE Lords of Council and Session do Ordain, that in time coming all Letters consisting of more Sheets than one, which pass the Signet, as well Suspensions as others,( excepting only Summons) be Subscribed by the Writers to the Signet upon the margin, at the Juncture of the Sheets, in the same manner as is done by the Clerks of Session in Extracts passing their Offices.   

ADDITION to the Formula of the Oath in a Cessio Bonorum. July 18. 1691.  
THE Lords of Council and Session do Ordain the Act prescribing the Formula of the Pursuers Oath in a Process of Cessio Bonorum, to be observed with this Addition to the Formula, viz. That the Pursuer Depone if he hath canceled or put out of his hands any Writs, since his Imprisonment, and if he aclowledge the same, that he condescend what these Writs were.   

ACT concerning the trial of Nottars. July 30. 1691.  
THE Lords of Council and Session, considering the inconveniencies that do ensue from the ignorance and informality of Nottars, which occasions many Pleys; they Ordain, that in time coming no person be admitted Nottar, unless a Petition be given in to the whole Lords in praesentia, with a Certificat under the hands of Persons of Credit, attesting the Petitioner to be a Person of good famed, and that he hath had good Breeding, for qualifying him to exerce the Trust of a public Nottar; and that exact trial be taken by the Ordinary on the Bills for the time, and any other of the Lords to be appointed by them( being both met together) of the Persons Knowledge and Qualifications, comform to the Acts of Parliament which are in vigour, before he be admitted Nottar.   
FINIS.   

INDEX OF THE ACTS of SEDERUNT, OF THE LORDS OF THE SESSION, Past since February, 1681.  

ACT allowing all persons to sell Flesh in Edinburgh on the Market days, February 17. 1682. Pag. 3.  
ACT concerning the passing of Bills of Suspension upon Juratory Caution, November 8. 1682. Ibid.  
ACT ordaining the Clerks of Session to take Bonds of their Servants, not to Agent in Processes, November 28. 1682. Pag. 4  
ACT concerning Commissions to Sheriffs in that part, for giving Infeftment, January 20. 1683. Pag. 5  
ACT anent payment of the Secretaries deuce, where Reasons of Suspension are discussed upon the Bill, November 6. 1683. Ibid.  
warrant for Letters of Horning for delivery of Consigned Money to the Clerk of the Bills, December 22. 1683. Ibid.  
ACT Ratifying the Act of the Faculty of advocates anent the payment of deuce by Intrant advocates, January 28. 1684. Pag. 6  
ACT concerning Decreets of Adjudication, February 26. 1684. Pag. 7  
His MAJESTIES warrant, exeeming the Lords of Session from payment of Taxes, November 19. 1684. Ibid.  
ACT Discharging the Printing of Informations, January 2. 1685. Pag. 9  
warrant for Registrating Dispositions of Bankrupts Lands in the Books of Session; January 10. 1685. Ibid.  
ACT relating to the Sale of Bankrupts Lands, March 13. 1685. Pag 9.  
ACT in favours of the Under-Clerks, anent the payment of their deuce, where Commissions are granted, Novemb. 17. 1685. Ibid.  
ACT concerning Processes of Cessio Bonorum, December 1. 1685. Pag. 10  
ACT declaring the Clerk of the Bills liable for the Parties damage, where he refuses a sufficient Cautioner, February 18. 1686. Ibid.  
ACT concerning the Order of the Lords going to the Side-Bar, and Reporting of Causes, November 4. 1686. Ibid.  
Order anent Gratis warrants, November 20. 1686. Pag. 11  
ACT anent the Ordering of the Inner-house, Decemb. 16. 1686. Ibid.  
ACT empowering the magistrates of Edinburgh to impose a stint of 500 Pounds Sterling yearly, for cleansing the Town for three years, January 29. 1687. Pag. 12  
Sentence in Favours of the Members of the college of Justice; against the Town of Edinburgh, declaring their privileges, February 23. 1687. Pag. 13  
ACT concerning Decreets comform, June 22. 1687. Pag. 14  
ACT discharging Decreets to be delete in the Minute-book, for not payment of the Macers deuce, June 30. 1687, Pag. 15  
ACT for inserting all the Defenders names in the Minut-book, Decemb. 10. 1687. Ibid.  
The formula of the Oath in a Cessio Bonorum, February 8. 1688. Ibid.  
ACT concerning Oaths in Exhibitions, February 22. 1688. Pag. 16  
ACT concerning Bills of Suspension, where the Reason is referred to the Chargers Oath, February 29 1688. Ibid.  
ACT concerning the trial of advocates, who enter upon a Bill to the Lords, July 6. 1688. Ibid.  
ACT for marking the names of the Witnesses Examined upon the Act, July 7. 1688. Pag. 17  
ACT concerning the habit of Dyvours, July 18. 1688. Ibid.  
ACT concerning Nottars, July 21. 1688. Ibid.  
ACT anent the calling of Transferrings, July 26. 1688. Ibid.  
ACT concerning Summons of Wakening, November 6. 1689. Pag. 18  
ACT concerning Declinators proponed against the Ordinary in the Outer-house, December 14. 1689 Pag. 19  
Additional Act concerning the Order of the Side-Bar, and Reporting of Causes, January 16. 1690. Ibid.  
ACT concerning Aliments, and Factors being liable for Annualrent, July 31. 1690. Ibid.  
ACT for keeping the Innermost Bar of the Outer-house, November 6. 1690. Pag. 20  
ACT concerning the stoping of Decreets, and hearing the Cause thereafter, November 7. 1690 Ibid.  
ORDER for Printing the Acts against Solicitation, and Observing of the same, Movember 11. 1690. Pag. 21  
ACT concerning the manner of delivering Informations to the Lords, November 29. 1690. Ibid.  
ACT concerning the time of Signing Interloquitors, December 13. 1690. Pag. 22  
ACT ordaining Processes to be delete, where the Pursuer doth not insist, December 20. 1690. Ibid.  
ACT anent the Collecting of the Macers deuce for Decreets, December 31. 1690. Pag. 22.  
ORDER concerning the time of putting Informations in the Boxes, June 2. 1691. Pag. 23  
ACT appointing a List to be affixed on the Wall, of Causes to be called at the Side-Bar, June 10. 1691. Ibid.  
ACT allowing the Ordinary for the Outer-house, to call Causes on the Bench the Week after he is Ordinary, July 7. 1691. Ibid.  
ACT Ordaining Letters under the Signet, to be Subscribed at the Juncture of the Sheets, July 8. 1691. Pag. 24  
Addition to the Formula of the Oath in a Cessio Bonorum, July 18. 1691. Ibid.  
ACT concerning the trial of Nottars, July 30. 1691: Ibid.   
FINIS.