Page:The Laws and Acts of Parliament of Scotland.djvu/728

 ! ej. The Third Seffion ofthefecmd Tarliament of liament; and the Lords of Seffion to grant Letters of Horning, Poinding and others requifite in maner con- tained in the forefaids Commiffions. And His Majefty, with confent forefaid, hereby Difcharges all former Commiffions, Declaring the fame to be expyred. XVI. ACT concerning the Regulation of the Judicatories. Edinburgh, 30. oft^fuguj}, 167 x. TH E Kings Majefty being defirous, that the publick Judicatories of this Kingdom might be fo regulat, that all abufes which had, or might probably creep into the fame, beredreffed and prevented ; and that the beft, moftfummar and equal way, of bringing and calling of Procefles for difpenfing of Juftice, fhould be fettled, as his Subjects might be relieved and Secured againft oppreffion and exactions, and that Juftice might be adminiftrat to them with expedition, and as little trouble and charge as may be : Did , by a Commiffion under the Great Seal , ofthexi.ofS^m&r, 1669. Authorize fome Noblemen and others of his Privy Council and Seffion, to confult , fettle and fet down fuch Rules and Orders as they mould judge neceflary for thefe ends, and to return an account of their proceedings to His Majefty, that He might take! fuch courfe therein, as in His Royal Wifdom He mould think fit. In obedience whereunto, the Commiffi- if oners having had feveral meetings, and confulted on the beft and readied wayes , for the profecution of His j Majefties Royal Intention , for the good and eafe of His Subjecls , and finding the fame to be of fuch impor- tance, as required a longer time to make a full fettlement therein ; Yet , in the moneth of CWarch, 1 6 70. j they agreed unto, condefcended upon, and did return to His Majefty , certain Rules and Articles of Regu-i lation, without prejudice of what, upon furder confideration, they fhould thereafter offer for a full fettle-: ment. And His Majefty having confidered thefe Rules and Articles, did , by His Royal Allowance of the j fourth of June , 1670. Ratifie and Approve the fame, and did Ordain them to be duly obferved in all time coming. And the Commiffioners having fince that time, keeped feveral Meetings, and taken that Affair into their furder confideration, have refolved upon fbme other Articles , Rules and Amendments ; which being joyned with the former, and again offered to His Majefties confideration, His Majefty doth , withl Advice and Confent ofHisEftates of Parliament, Ratifie and Approve the fame, and Ordains them to be recorded in the Books of Parliament , and duly obferved by all His Majefties Subjecls. Of the which Arti- ' j cles, the Tenor follows. Concerning the SESSION, 1 . O Eeing a great part of the trouble and expences of the Lieges, in obtaining of Juftice in their Caufes , ^3 is occanoned through the uncertainty of their attendance, upon Procefles depending before the Lords of Seffion ; whereby not knowing any certain time, at or about which their Procefles will be calledj they are neceffitat to wait on the moft part of the time of the Seffion, during the dependence of their Procefles; or otherwayes to be abfent when the fame are difcufled. That therefore, all Procefles fliall be difcufled and determined as the Parties are in readinefs, and do call for Juftice after the fame have been feen by the Defen-i ders Advocats, and are returned by them ; And that according to the date of the Returns which are fet down,: and figned by the Defenders Advocat upon the Procefs it felf, that no Parties be preferred in obtaining Juftice to any other who was ready, and calling for it before. And that Books of Enrollment be made for enrolling the faid Procefles, according to the dates of file Returns;that thereby notice may be timeoufly given to all Paf-> ties having Intereft in the Procefs, how far the Lords of Seffion are advanced, indifcuffing and determining Proceffes according to the faids Rolls, that the Parties may be prefent when their Procefles will fall in to be difcufs ? d and determined, in their courfe as they ftand in the Rolls ; and may in the mean time reft quiet and fecure, that their Rights and Interefts will not be decided when they cannot know to be prefent , which can- not be attained, unlefle all priviledges whereby any Caufe can be called , otherwife then according to its due courfe in the faids Rolls, be laid afide; Excepting only the Caufes belonging properly to the Kings Majefty (and not to Donators or others) which may be called at any time when His Majefties Advocat pleafeth, upon* either ofihe two next Sedermt-dayes after the Procefle is returned; or if the fame be not called on either of the faids two dayes, at any time thereafter , upon fifteen dayes advertifement to the Defenders Advocats, that they may acquaint their Clients to be prefent. z. That the Books of Enrollment for the Outer-houfe be keept and made up by the perfon appointed, or to be appointed by the Lords of Seffion , who fliall attend at the Seffion- houfe each Saturday in Seffion-time, from two a clock in the afternoon, till four, and fliall take up a Note of all Procefles mown to him, con- taining the names and defignations of the Purfuers and Defenders, and the name of the Caufe , whether it be Advocation , Sufpenfion, Declarator, Reduction, or any other having a fpecial name ; or otherwife under the name of Lybell'd Summonds, and contain the date of the return, figned by the Defenders Advocats upon the Procefs ; and by the faid Note, fliall infert in the Books all that is produced that day, in manner following, viz. inonc