Page:The Laws and Acts of Parliament of Scotland.djvu/805

Pag. 3. AN

OF THE

Digested into HEADS, Set down after the order of the Alphabet.

BERDEEN.

Act, Granting to the Towm of Aberdeen, an yearly Fair on the Mononday before Whitson-day, to continue for eight dayes with the haill Jurisdictions and Customes thereof. Jam. 6. Par. 13 .Cap. 186. Confirmation by King, and Parliament, To the Town of Aberdeen of all Annuels, Few-fermes, Chaplanries, and Prebendaries, which belonged before to the Chaplanes of their Parish Kirk, and contained in their gift. Ibid, cap. 188.

ABSENT.

The causes of all Merchants, and others abroad not animo morandi, and there dying, should be discharged before their Ordinaries within the Realme, By whom their Testaments are confirmed. Jam. 1. par. 6. cap. 89.

See passing forth of the Realme.

ACT and LETTERS. Act and Letters of continuation of Summonds discharged. Car. 2. p. 2. Sess 3. cap. 6. See the Act in Summonds.

ACTION, See judge, and Summonds. In all Actions in the Temporal Courts, The partie persewer if prevent, shall swear, That the cause he trowes is good. and leiil. Jam. 1. par. 9. cap. 125. See there the form of the Oath, to be sworn by the Advocat in the faul of his Client absent. That all parties first pass to their Judge ordinarie and pervew Justice. Ja. 3. par. 5. cap- 27. See it in Judges. That all Civil Actions be first persewed before the ordinaries, as Justice, Chamberlain, Shirreff, Barron, Proved:, and Baillies, and others; And that there be onlie persewed before the Lords of Session, Actions, pertaining to the King, or moved by Kirk-men, Widows, Orphanes, Pupils, or Strangers, or Complaints upon other Officiars, In which last case the Enrolments of the Officers Court are to be produced, and this Act to indure untill the nixt Parliament. Jam. 3. pat. 14. cap. 105.

If either Defender, or Persewer, in any Action, shall slay, wound, or Invade, the other, so as may be ground of a Criminal pursuit, or that he be airt, and pairt, thereof at any time, from the executing or the Summonds, untill the compleet executing of the Decreet. If it be the Defender, he shall be condemned without any other probation then that the Invader is convict, or denunced for the deed by the Justice, or other Criminal Judge: And if the persewer be the Invader, That on the like probation the Defender be assoilied, and the saids Sentences to be Irreducible, even on the head of Minoritie, or any other ground. Item, the Invader being denunced for not finding caution, or not compearance, That immediatlie he tine his Life-rent escheat; And the King promises, to grant no remission in this case, and the using of any such Remission, is declared to be reput, as Conviction, to the effect foresaid; And this Act to indure, for seven years. Jam. 6. p. s. cap. 138: But thereafter made a perpetual Law. Jam. 6. par. 14. cap. 219.

ADHERENCE See Marriage.

ADJUDICATION See Compryssings. Adjudications Declared Redeemable within seven years of the date, at the instance of Con-creditors, one after another, according to their diligences in adjudging in like manner; By payment of the principal summes contained in the Sentences of Adjudication, and Annual rents thereof, with the expenses made in obtaining the same, at the Lords of Session their Modification, Deducing alwayes the Prior adjudgers their Intrromissions, and the victual-rent to be estimat at the Common price of the shire, betwixt ule, and Candlemess. Item a Minor Renuncing to be Aire in his Minoritie, may be reponed, and redeem, by payment, and loseth all the Priviledges granted to Minors, in Comprysings. Jam 6. par. 23. cap. 7. The Act 1661. Anent Compryssings, Extended to Adjudications, in all points. Car. 2. par. 1. Sess, 1. cap. 62.

That the superior have an years dewtie for the entring the Adjudger, as for entring the Comprisser, And that Adjudications , and Compryssings, be in all cases alike, as to the Superiors. Car. 2. par. 2. Sess. cap. 18.

That in place of Compryssings, the Lords of Session, at the instance of any Creditor adjudge, and decern to him in satisfaction of his Debt, as the same shall be decerned by the Lords, such a part of the Debitors estate formerlie Apprislable, as shall be worth the principal summe, and Annual-rent resting, and a fifth part more, for the Creditors want of the use of his money, beside the competition to the Superior, and expenses of the Infestment, and his Adjudication to proceed on probation, for the Creditor, and also for the Debitor, if he desire it, of the value of the Land, and what it hath payed for five years bygone, and may pay, and what the rates are in the Country where it lyes : with power to the Lords, to determine on the warrandice; Upon which Adjudication the Creditor shall have immediatlie the Intromission for his Annual-rent without being lyable to compt and reckoning. And in case the Lands, and others adjudged be assested with Life- rents, or other wayes yeeld no rent, the same shall be expressed in the Decreet, and the Annual-rent efferring to the inlaik of the rent is to be added to the principal, at the Redemption, and the Lands and others adjudged are to remain Irredeemably, with the adjudger, it not redeemed within five years, be payment of principal, and Annual-rents, Composition to the Superior, and expenses of obtaining Infestment, and Annual-rent of the same in laicking, as said is. Item the Creditor, may use all manner of Execution, personal, or real, for his Debt, against Principal, or Cautioner, untill he get actual possession, as said is. Item that no Appryssing be led hereafter of Lands or rights, unless they be already Apprised, by another Creditor, But if the Debitor produce not the evidents of the Lands, and others adjudged, with a sufficient right thereof at the Lords sight, and if he renunce not all right, and possession, and Ratifie the Decreet of Adjudication, then the Creditor may adjudge all Estate belonging to the Debitor, in the same manner, as if he might have comprisied it before, conform to the Act 1661. and under the same Reversion. Item, the Superior and Adjudger are Declared to be in the same case after citation in this Process, as if comprising were led, and a charge given thereo; and thir Adjudications to be allowed, and recorded, as Comprissings. Car. 2. par. 2. Sess. 3. cap. 19. Anno, 1672.

ADMIRAL.

That the Admiral exerce no Jurisdiction, nor exact no kind of dewtie, or causality botbut [sic] according to the use, before the Death of King James 5th, Notwithstanding of any greater specialitie contained in his Infestment bygone, or to come. Ja. 6. par. 12. cap. 157.

That in respect the Admiral Court, is a Soveraign Judicatotie, importing of its own nature summar Execution, Therefore Letters of Horning pass upon their Decreets, sicklike as on Shirrefies, &c., By the Act Jam. 6. par. 18. cap. 10. Jam. 6. par. 20. cap. 15. And this Act Ratified, and the Court of Admirality Decemed to be a Soveraign and suprem Court, in it self; That the High Admiral is his Majestie's Lieutennent, and Justice Genetal on the Seas, And in all ports, Harbours, or Creeks hereof, and upon fresh waters, or navigable Rivers, below the first Bridges, or within the highest Flood-marks: That he hath the sole Jurisdiction in all Maritime causes, forieign, or Domestick, Civil, or Criminal, exclusive of all other Judges: That he may cause parties find caution, both for compearance, and performance: That he may punish the breakers of his arrestments, and deforcers of his Officers, and hath right to their fines: That the said high Court may reduce the Decreets of Inferiour Courts of Admirality, and also review its own: That there be no Advocation from the said Court, and no suspenlions granted of their Decreets; Bot by the whole Lords in time of Session, and three Lords in time of Vacance, and they be discussed summarly. And lastlie that the Admiral, and his Depute have the sole right of granting passes, and safe conducts, to all Ships, And all Acts and Customes contrare to this Act are rescinded. Car. II. par. 3. cap. 16.

ADULTERIE.

That open, manifest, and incorrigible Adulterers after the Kirk censures executed upon them, be denunced Rebels, and their gudes escheat, Q. M. Par. 5. cap. 20. That open and manifest Adulterers after due monition made to them to obstain, be punished to the death, reserving the former Laws against other Adulterers. Q.M. Par. 9. cap. 74. And notour, and manifest Adutrerie, worthie of death, Declared to be, where bairns are procreat, or the Adulterers keep company. and bed together, nototiouslie, or when suspect, and dulie admonished, they refuse the Kirk by Repentance, or Purgation, And are therefore excommunicat. Jam. 6. par. 7. cap. 105. A Woman divorced for Adulterie, and married, or openlie at bed, and buird resorting in company with her Adulterer, may not annailie her Lands, or possessions, in prejudice of the Airs of the first Marriage, or of her other Airs. And all such alienations, as well since July 1587, as in time coming, are declared null, by way of exception, in all Courts. Jam. 6. par. 12. cap. 117. All Marriages betwixt persons divorced, and their Adulterers, Deemed to be unlawful, and null, and their issue inhabile to succeed to their Parents. Jam. 6. par. 16. cap. 20.

ADVOCATS See Session.

Pomise and Oath of the three Estates not to maintain, defend be Advocats, for, or stand at the bar with manifest Traitors, and other Notorious Malefactors, bot only to compeir with their Kin and Friends in sober wayes, defence of them in honest actions. Jam. 3. par. 14. cap. 98. See it in Treason.

Advocats may frielie compear for, and defend persons accused in Parliament for Treason, or otherwaes. Jam. 6. par. 11. cap. 38. And this warrant morefullie given as to Treason, and all other crimes before any Judge, and that the Judge may compel them to procure in case of their refuse. Ibid. cap. 90.

Advoecas Fees, see the Act of Regulation. Car. 2. par. 2. Sess.3. cap. 16.

ADVOCATION See Declinatour. That no Advocation of causes be from the Judge ordinarie, Except for deadly seede, or that the Shirreff principal for the Judge be partie, or in the causes of the Members of the College of Justice. Q.M. Par. 6. cap.39. BotBut [sic] this Act is anent the warning of Tennents, and what is subjoyned anent Advocations, may seem to relate