Page:The Laws and Acts of Parliament of Scotland.djvu/730

 i j 6 77:><? 7"^/W .5^0/2 ^ fife yrawi Tarliament of 8. That the keeper ofthefaids Books of Enrolment for the Inner-houfe obferve the premifles punctually, under the pain of deprivation, and being further cenfured by the Lords, as they fliall fee caufe : And that bis Succeflors mail make faith to obferve the premifles in all points ; the prefent Keeper of thefe Books having already. given his oath to that efFeft. 9. That the Lords both in the Inner-houfe and Outer-houfe mall proceed to the difcufling of Procefles , in order as they (land in the faid Rols r^^-w , without pafling over , or anticipating any Caufe; and that each Procefs mail be (till called in its order , untill it be brought to an Aft, Proteftation , or Decreet ; and if it be delayed till i omethine be produced or done which requires not an Aft extrafted, that after the day to which it is delayed , the fame mall be call'd till it be difcufs'd. 10. And where at the calling ofany Caufe in the Inner or Outer-houfe, the Purfoer infills not, the Pro- cefs fliall be delet out of the Roll, and Proteftation fliall be granted to the Defender, without any other folemnity, but the demanding thereof at the calling of the Caufe, whereby the Defender fliall not be oblidg- ed to anfwer untill he be fummoned of new, and the Proteftation money paid , that he be not oblieged to an uncertain attendance at the Purfuers pleafure. And in cafe at the calling of any Procefs in the Outer-houfe , any Parties Advocat be in the Inner-houfe, the Ordinary fliall call the Caufe the next day thereafter, if he be defired upon a Ticket to be given to him before he go to the Bench ; but that no Advocat make interrup- tion by calling otherwayes over the Bar. 11. That the Lords by no importunity alter the order ofthefaids Rolls by any Deliverance or Warrand, except it be for difcuffing reafons of Reduftion of fmall difficulty and importance in the Outer-houfe, before they be Enrolled in the Inner-houfe -, which fhall be Enrolled in the Roll of the Outer-houfe, according as they fliall be prefented to the Keeper of the Roll, in the fame manner as other Procefles. ix. That if any Caufe be called by anticipation, out of its due place , the Purfuers Advocat may refufe to infill* or the Defenders Advocat to anfwer, and it fliall be a fufficient defence that he is not oblieged to anfwer before its due courfe in the Roll: And although neither parties Advocat fliould objeft, feeing others | who were anterior in the Roll are prejudged, the Clerks are prohibit to write on anyfuch Procefs called out of its own courfe, or to extraft any Aft or Decreet thereupon. 15. That the Lords of Seffion every Seflion, go near the difcufling ofallCaufes enrolled that Seflion; and that as they fee their work by the Books of Enrollment, they meet the fooner in the morning , and alfo meet in the afternoon for taking in Reports from the Outer-houfe, which requires not the attendance of Advocats,v and which confumes much of the time both in the Inner and Outer-houfe in the forernoon ; and alfo for advi- fing of concluded Caufes, which of all other fliould be leaft delayed. 14. That if any Aft, Decreet or Proteftation be flopped, either by the Ordinary or by the whole Lords, the fame fhall be called and heard upon the Bench in the Outer-houfe , by the Ordinar who formerly heard the Caufe, either the next day, oruponTueidayinthe enfuingweek, or any other morning there- after, before the Ordinary in the Outer-houfe come out ; and that he proceed in the Procefles untill the fame bedifcutVd, delet, or Proteftation ganted in manner forefaid, and that the fame fliall not be again brought into the Roll. 15-. That no Bill be prefented to the Lords for flopping or rectifying any Aft or Decreet paft in the Outer- houle, untill the party firft make application to the Ordinary who heard and pronounced the fame; and if he refufe to hear the Party upon any new matter condefcended on, or in cafe of doubtfulnefle, to report at leaft upon confignation of an Amaund : In that cafe , the Party may give in a Bill to the Lords , expreffing his application to the Ordinar, and his refufal to hear or report, asfaidis, and expreffing the fpecial matter which he defireth in the Procefs, and no otherwayes. 16. Totheeffeft, the Lords of Seflion may be in better capacity to difcufs the Procefles which come be- fore them, not being overburdened with fmall and inconfiderable Caufes, That all Caufes, not exceedinj the value of two hundred Marks Scots, be in the firft inftance carried on before the inferiour Judges ; An< that no Summons be raifed upon Bill, or otherwayes for Caufes of lefs importance, for which the Clerk of the Bills and Writers to the Signet are to be anfwerable at their peril; except there be fuch reafons condef- cended on in the Bill, as would be fufficient to procure an Advocation of the Caufe from the inferior Judge, in behalf of a Defender, and competent Inftruftions thereof; And that fuch Bills do not pafs of courfe, but be fpecially prefented and read to the Ordinary, and that the deliverance on the back thereof bear , Becauft the Lords have •found fufficient ground ', for which the Caufe ought not in the firft inftance to be pirfued be- fore the inferior ludge Ordinar ,. but before the Lords : Excepting alfo, the Caufes belonging to the Mem- bers, of the Colledge of Jufticc, and except Sums due to Merchants , Cooks , Vintners and others in Burgh, for Furniture taken off from them, by fuch as dwell not within the Shire where the Furni ture was taken off 17. That where Caufes are begun before inferior Courts, no Advocation thereof fliall be paft, being ol no greater importance then as aforefaid , otherwayes then is provided by the Aft of Parliament ; And thai the Clerk of the Bills be anfwerable therefore, not to prefent , pafs or write on any fuch Bill at his peril. 1 8 . That where Decreets are paft before inferior Courts, and craved to be fufpended ; if the reafons pro csed not on iniquity, but upon alledgeance, that the Decreet was in abfence , fo that the craver of the Suf penfion hath never appeared, or hath not continued to defend while there was no in-juftice done: Ther anc