Page:The Laws and Acts of Parliament of Scotland.djvu/732

 j _g The Third SeJJion of the fecond Tarliament of ledgeance to be founded on thefe Writs, which were in any of the Defenders Advocats hands, or which* or any copy thereof were feen by the faids Advocats, which the purfuers Advocats mail be oblieged to return within four dayes after they receive the fame; otherwife, complaint may be made againft them, as againft Defenders Advocats for keeping up of Procefles. And in cafe any other Writs come to their hands, after the returning oftheProcefs upon which they will found, that in like manner they produce the fame to the Pur- fuers Advocats, before calling of the Caufe , under the fame certification. zz. That the Sufpender at the out-giving ot the Sufpenfion, produce therewith all his Verifications, and that at the calling of the Caufe, if he have keeped up the Verifications , and offer then to produce the fame , that the Ordinary fhall give Decreet, becaufe the reafons are not verified conditionally •, That if with the Ve- rifications, the Sufpender produce in the Clerks hands twelve pounds Scots, two parts thereof to be payed to the Charger, and the third part to the Poor , the fame fhall be received, and the parties heard thereupon, without enrolling of new; and therefore the Ordinary fhall mark upon die Caufe, Decreet conditipnal,to fuch a day : and if betwixt and the faid day, obedience be not given , the Decreet is to be ex- tracted. Z4- That the Sufpenders Advocat be not allowed to propone any new reafons of Sufpenfion at the Bar, which was neither lybelled nor contained in the eiked Reafons of Sufpenfion given out to, and feen by, the Chargers Advocats, unleffe therewith they confign in manner forefaid. z 5- That becaufe Procefles are very much lengthned, by the long running of ordinary and incident dili- gence and terms for production in Reductions and Improbations; For remeid whereof in time coming, there ihall only be two diligences againft Witnefies, one by Horning, and another by Caption; and there fhall be no incident Diligence fuftained upon Acts, but where the fame is craved and allowed at the pronouncing of the Act, and exprefled therein , which fhall proceed againft the alleadged havers of the Writs , firft by Hor- ning, charging them to compear and produce upon oath , and next by Caption , in cafe they do not compear and depone; and that there be only one term for production in Tingle Reductions, and two in Improbations; And that the Clerks infert no Refervations in Aits for Production, but that all exceptions competent before production, be difcuffed before affigning of terms. 16. That no more Advocats be imployed or marked in any Caufe for a Party, but only three in the Inner- houfe, and three in the Outer-houfe at moft; and that only two be allowed in the Inner- houfe , to fpeak one after another upon one fide, before the other Party make an anfwer; And that the Lord Chancellor or Pre- fident keep the Advocats clofs to the point, and that no Advocat be allowed to fpeak above half an hour to- gether at moft, at one time. 7.j. That the Allowance of Advocats in time coming, be regulate according to the quality of the perfons who employes them, in manner following, viz. that foi. every Confultation, Pleading thereupon, and drawing Bills upon any Interloquitor thereanent altogether, there be given at moft to any Advocat, by Noble- men eighteen pounds, by Knights and Barrons fifteen pounds , by Gentle-men and chief Burgefies twelve pounds, and by all the reft of the people nine pounds: And that nothing be allowed for drawing Informati- ons to be given to the Lords after Difpute, but to one Advocat only, and that the Allowance therefore be only the half of what is allowed for the Confultation. x 8. That the parties Purfuer and Defender do give in with the Procefs, a Declaration under their hands , bearing, That as they fhall anfwer to God, they have not given , nor fhall give any more to any Advocat employed by them in that Procefs, for every Confultation comprehending as aforefaid , then $he forefaid Al- lowance; which Declaration is to be given in by the Defender at the return of the Procefs, and by the Pur- fuer before the Procefs be called. And in cafe of the Clients Minority, his Tutors or Curators , and in cafe of his abfence, or that he hath employed another to disburfe the money for him , the perfon fo employed fhall give in the forefaid Declaration upon Oath, which fhall bear, That he being the only perfon employed to disburfe money to Advocats in that Procefs, he hath not given, nor mall give any more then as aforesaid And in regard thefe who are already admitted Advocats have given their oaths, that they ihall alvvayes ob ferve the faids Rates , that no Advocat be admitted hereafter till they give that Oath. z$. And becaufe by .the Acl of Parliament, onethoufand, fix hundred and twenty one, the rates oi Writs are ordered conform to an Act of the Lords of Privy Council and Lords of Seffion , in anno , one thou- fand, fix hundred , and fix , the effect whereof hath been fruftrate , becaufe nothing thereby is provided to Clerks Servants : And in refpect the rates of all things are much encreafed fince that time; Therefore , that the rates of the Clerks of Seffion be as followeth, viz. For Acts, Decreets , Proteftaticns and Diligences, there fhall be only payed to the Clerk and his Servants, three pounds Scots for each meet , written in the fame manner as they are now accuftomed, conforrneto a Pattern fignedby thisCommiffion,andkeeptbythe ' Lords of Seffion, excepting Decreets of Tranfumpt , Transferring , and of Regiftration by way of Action, and Com millions wherein there is no dilpute, for which there fhall be payed three pounds Scots only for the firft meet, and twenty ihiilings Scots for ilk one of the reft of the meets. And as to other Writs puffing. thatQifice, the fame rates be obferved which are contained in the faid Act of Parliament; And that the Clerks or their Servants take no money for production of Writs, or giving up of the fame again , minuting of Difputes, or booking of Acts and Decreets, all which fhall be payed by the faids Extracts , bin that there be allowed to them two merks forjjtaki^g a Parties Oath-, and one merk tor every Witneffes depofition, ant thirty ten