Page:The Laws and Acts of Parliament of Scotland.djvu/733

 King CHARLES^ II. 59 thirty fhillings Scots for calling of every Aft in prefence of the Ordinary. And that the Clerks or their Ser vane:- do not mark upon any Procefs, Calling, or Compearance, or the calling of any Aft, but what was publickiydonebyaMacer, that the Advocats may have timeous notice to fatisfie the conclufion of Afts. And that no Decreets be pronounced conditionaly, but fimply , according to the Aft to be extrafted twenty four hours after the fame is read in the Minute-book; and that every Sederunt day, the Minute-book be read out fully, that the Lieges be not delayed or neceffitate to attend. And that the Clients Ihall in the fame man- ner, as in relation to Advocats allowance, give their Oaths that they have keeped , and fhall keep the faids Rates, which mall be contained in a Paper , with their Declaration in relation to Advocats. And feeing the prefent Clerks and their Servants have given their Oaths, that they mail alwayes obferve the faids Rules and Rates, that no Clerk be admitted hereafter , till he give thaj: Oath; excepting Afts and Decreets of conten- tions difpute in prefence of the Lords, whicharetobeatthedifcretionoithe Party, conform to the Aft of Parliament. And in regard diverfe Procefies after difpute and Interloquitors pronounced therein, either in frefentia, or in the Outer-houfe , are tranfafted and fettled by the Parties , fo that the Procefies come not the length of a Decreet, or if Decreet be pronounced, the fame is not extrafted : And it beingjuft and reafon- abie, that the Clerks mould have allowance for the pains taken by them in thefe Procefies; therefore, that the Clerks in thefe cafes be allowed to take from their Clients, fatisfaftion as if Decreets were extrafted, according to the fheets of the Aft of Litifconteftation, or other Aft in the Procefs; or if their be no Aft, according to the fheets of the Summons, Sufpenfion or Advocation; and if the Caufe was difpute in the Inner- houfe, according to the fheets the Minutes of the Procefies would amount to , if the fame were extended into an Aft or Decreet. 3 o. And anent the Clerks of the Bills and his Servants, that the Rates in the faid Aft of Parliament , one thoufand, fix hundred, and twenty one, be in all points obferved, with this alteration , That whereas that which is allowed by the faid Aft for the Afts of Caution, with the relief which comprehends the Bills of Sufpenfion, is too low for the Clerk and his Servants, That there be allowed to the faid Clerk and his Servants therefore, three pounds and a metk Scots and no more; And feeing the prefent Clerk of the Bills and his Servants, have made faith that they fhall obferve the faids Rates , that any Clerk of the Bills who fliall be admitted hereafter, fhall at his admiffion give that Oath, and likewife his Servants: And in cafe there be moeperfons contained in the faids Bills of Sufpenfion then one, that every fuch perfon, except the chief perfon, fhall pay fix fhillings eight pennies, untill they come the length of ten perfons, and no allowance is to be granted to any exceeding that number, nor for a Community more then the faid num- ber often: And for Relaxations, fix fhillings eight pennies for every perfon more then one, untill they come to the number often perfons, and no more to be taken for any greater number or Community , which dues fhall be payed at the firfl in-giving of the Bill of Sufpenfion, and ihall be retained by the Clerk , whether the Bill be paft or not, and no more to be given for that Bill, or tor any new Bill which fhall be givenin, in that master. And as for the allowance of Comprifings, that the rate thereof be fourty fhillings Scots, where the fums contained in the Comprifings (by and attour the Sheriff-fee) do not exceed two thoufand pounds Scots; And if the fums compriled for be above two thoufand pounds, that there be payed four pounds Scots; and that this be in fatisfaftion of all diat is to be given in that Office, both for Mailer and Servants. 3 i. Inrefpeft feveral perfons, being neither Advocats, nor Advocats Servants, do take upon them, imder the name of Agents, to medle and negotiare in Procefies , who are found to be of no ufe , but burdenfome to the Lieges; That hereafter all the Agents be debarred the Houfe, and not permitted to negotiate, or mannage Procefies; and recomends to the Lords of Sefllon to fee the fame punctually obferved. 3x. That the Keepers of the General Regifters of Hornings and Inhibitions, and of Seafings and Re- verfions; As alfo, the Keepers of thefe Regifters in the feveral J hires, in time coming, be careful to book all Hornings, Inhibitions, Interdictions, Seafings, Reverfions, and others regiftrat by them; And that they make exact Minute-books relating to thefe Regifters, thefe of Hornings, Inhibitions, and Interdic- tions, containing the names, Sirnames and Defignations of the Parties, Principal and Cautioners; And thefe of Seafings, Reverfions and others appointed by the Act of Parliament to be Regiftrat in that Re- gifter, containing the Names and Defignations of the Parties, and the common Defignation of the Lord- ihip, Barronyor Tennendry of the feveral Lands mentioned in the Writ; And that the Clerk of Regifter, or any whom he fhall appoint, every quarter of the year.compare the Minute-book with the general Regifters, andfubferibe the Minute-books at the collationing of the fame; And in the feveral Shires, that the Sheriff Bailiff of the Regality or Royality, or their Deputies (with whom, any two of the Juftices of Peace to be nominate by tire whole Meeting, are allowed to be prefent) be appointed quarterly, viz. upon the firft Tuefdayes of February, tMay, Auguft and November, to call for, and take infpeftion of, the raids Regifters, and of the Minute-books relating thereto; and after collationing of the fame , that they with the faids two Juftices of Peace, if they be prefent, Wcribe the Minute-book : Cettifying the faids Sheriffs and Bailiffs, if they do not meet and compare the faids Regifters at the feveral times aboveTpecified, They fliall belyablein the penalty of One Hundred pounds Scots for ilk failzie; and Certifying the Clerks, if jthey fhall not have the Books in readinefie at the aforefaids times, or if any Hornings, Inhibitions Seafings ,