Page:The Laws and Acts of Parliament of Scotland.djvu/731

 King CHARLES the 11. i S? and in that cafe, he fhall be oblieged at the paffing of the Bill of Sufpenfion ; toconfignin the hands of the Clerk of the Bills, fuch fums for the expences o'fthe party , as the paffer of the Bill fhall appoint , according to the importance ot the Caufe and the diftance of the party, which fhall be given up to the Charger , if the Sufpender hath not compeared, or continued to defend before the interior Co urt , as faid is ; and that imme- diatly at the calling of the Cav/e to be difcufsM, when the compearance in the Decreet may appear, unlefs the Sufpender improve the Executions of the Summons whereupon the Decreet did proceed. 19. That Decreets, inforo contradiBorio , before the Lords of Seffion be not again fufpended , upon reafons competent to have been proponed, or which were repelled in the former Decreet. And to the ef- fect it may be known, with die leaft expence, what Decreets are inforo. That the Keeper of the Minute- book make up a Book of the Decreets inforo, according as the fame fhall each day be given in to him by the Clerks, exprefling the names of all the Defenders for whom there is compearance ; And that the Clerk of the Bills from time to time, call for and receive a double of the faid Minute-book of De- creets inforo; And when any Bill of Sufpenfion is to be prefented by him, that at his peril he write on no Sufpenfion of any Decreet inforo, contained in the faid Book, untill it be prefented to the whole Lords in time of SefTion, and to three met together in time of Vacance, the deliverance bearing , that they were met together. And where there is once compearance for any Party, and Defences proposed, the Decreet fhall be holden as done in foro, and all the Difpute proponed by the Advocats fhall be in- fert therein, albeit the Advocat thereafter paft from his compearance • And that the firft Pretcftation fhall not be fuipended, but upon confignation of thirty pounds, and the Sufpenfion thereof fhall bear- that it is the fecond Sufpenfion ; and fo forth, all the Sufpenfions that fhall be obtained thereafter, fhall bear that the fame is the third or fourth Sufpenfion ; and rhat no Sufpenfion fhall pafs of the fecond pro- teflation, but in prefence of the whole Lords in time of SefTion , and by three of the Lords met to- gether in time of Vacance, the deliverance bearing as aforefaid: And that the Clerk of the Bills write upon no Bill of Sufpenfion otherwayes, as he will be anfwerable at his peril , and that the fecond and pofterior Proteftations fhall beinfert in the faid Book, with the faids Decreets inforo. xo. That where Procefles are keeped up'unrcturned by the Defenders Advocat longer then fix dayes after the out-giving thereof, which is the rime allowed for feeing of Procefles, that upon complaint given unto the Lords thereanent, the Ordinary upon the Bills call the Advocat who keeps up the Pro- cefs, and fine him in three pounds Scots for ilk day he hath keept the fame, from the time that the Procefs was required from the Advocat, or his principal fervant, petfonally at the Advocats Chamber, byway of Inftrument under a Nottars hand, unto the day that the complaint was given in , and fix pounds for every day that the Procefs fhall be detained by him, after in-giving of the complaint : And that one of the Macers be ordered to exacl: the fine, under the pain of deprivation ; And to that effect, that he be warranted to exclude the Advocat out of rhe Houfe, and not to fufrer him to enter the Outer- bar, untill he make payment , and that he return the money fo exafted , to the Ordinary upon the Bills, whereof the one half is to be put in the poors Box, and the other half to be payed to the party Purfuer, if he defire the fame, otherwise that the whole be put in the Box. ii. But when there are moe Defenders then one called in a Procefs, andfeveral Advocats compear- ringfor them, that the Advocat who taketh up the Procefs to fee for the parry principally concerned, in whofe houfe the fame is appointed to be ken, fhall be allowed only four dayes for feeing the Procefs; and in cafe he do not return the fame within that time, that he incur the penalties contained in the for- mer Artickle: And that after the Procefs fhall be returned, the fame fhall remain in the Cierks hands fix dayes before it be called, during which time, any Advocat compearing for any other oi the Defend- ers, may fee the Procefs in the Clerks hands , and write thereupon for whom he compears , and fub- fcribe the fame, and may alfo borrow the fame up from the Clerk , for the fpace of twenty four hours, upon his receipt and confignation of anAmaund, according to rhe importance of the Csufe ; and in cafe he do not reproduce the Procefs within the faid fpace of twenty four hours, upon complaint made there- of, he is to lofe the Amaund, and pay fix pounds for ilk day he keeps the Procefs after the faid fpace Of twenty four hours, and the like execution to be ufed therefore , as in the former cafe of the Defenders Advocats not returning Procefles, given out to them by the Purfuers Advocats. And Likewayes, if any Advocat during the faid fpace of fix dayes, be defirous to fee the Procefs for any other party having interefc , <vho was not called in the Procefs, that upon production of the parties interefc in the Clerks hands , he be al - lowed to fee in manner forefaid, he alwayes configning and fubferibing for whom he compears : And in cafe of failzie to reproduce, being lyable as faid is , and that the Advocat fhall not be heard when the Caufe is cal- lled, if he hath neglected to fee in manner forefaid , whither he be compearing for any party called in the Pro- licefs, or compearing for his intereft. xx. In refpect it is a great obftruftion to the difpatch of Procefles, that when Caufes are called , Defences Ifometimes are proponed upon Writs, "which being neither produced nor feen by the purfuers Advocats , all Ithat is ordinarly done , is to ordain the Writs to be produced ; therefore , where ever the Defenders Advocat lis to found any Defence upon Writs , that at the returning of the Procefs , he alfo produce therewith the Writs Bwhereupon he intends to found any alledgeance , and give in the Defence which he founds upon thefe Writs , U and mark the particular claufes of the Writ whereupon he founds , otherwife no refpecl is to be had to the al- V 3 ledgeance