Page:The Laws and Acts of Parliament of Scotland.djvu/729

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King CHARLES the II. x 5s in one Book Sufpenfions , Advocations , Removings , Ejections and Recent-fpuilzies : And in the other Book, all other Caufes, according to the dates of the Returns, expreffing in the Books, the day of the moneth of the uptaking, before the Caufes taken up that day , and alfo expreffing the day of the moneth of the return , before the Caufes returned each day , and fhall interline nor infert no Caufe in the faid Books, but fet them down in order as they were prefented , according to the date of their returns ; and fhall receive for in- ferring of the faids Caufes in the Books , and for affixing Roils upon the Wall conform to the faid Books , for every Procefs four Mmg& Scots, and no more, although the faid Procefs mould continue to be Enrolled feveral weeks , untill the Ordinary have called and heard the fame ; which Books of Enrollment fliall alvvayes remain in the Seffion-houfe , and be patent to the Lieges , that thence Advertifements may be given to "all parties having intereft; and for fhewing whereof , the Keeper of the Books fliall exact or take no money or gratification. 3. That the Keeper of the Books of Enrollment for the Outer-houfe, takeout of thefe Books, and affix each Monday upon the ordinary place of the Wall of the Outer-houfe, two Rolls, one containing Sufpenfi- ons, Advocations, Removings, Ejections and Recent-fpuilzies , to be called upon Tuefday and Wednes- day ; And the other Roll containing the Caufes infert in the other Book of Enrollment , to be called upon the reft of the dayes of the week ; which Rolls are to be taken up in all things conform to the faid Books of En- rollment, expreffing the day of up-taking; and that the day of the moneth of the feveral Returns, be fet before the Proceffes infert each day, and each fubfequent weeks Roll fliall , inthenrft place, contain what remained undifcufs'd by an Act, Decreet, or ProteiTation , or not delet by the Ordinary, upon the Purfuers not infilling. And where Proceffes are delayed to a day , till the Parties fee , or fomething be produced or done, which requires not an extracted Act , the fame mall remain in all fubfequent Rolls , in the fame day that it was in the firft Roll , that after the day to which it was delayed , it may be called by the Ordinary till it be difcufs'd or delet : And for that effect , the Ordinary fliall on the Margent ol the Roll , mark at that Procefs, to what day it is delayed, which fhall remain fo marked in the fubfequent Rolls, till the Caufe be difcuffed. And in cafe theOrdinary fhall difcufle the Roll of the Caufes above-expreft , appointed to be called Upon Tuefday or Wednefday before thefe two dayes expire ; he is to proceed to the difcuiling of the Caufes in the other Roll. 4. That the Keeper of the faid Books of Enrollment for the Outer-houfe, do exactly and punctually ob- erve the Rules and Orders aforefaid , and that the perfon who fliall hereafter be appointed Keeper of the faids looks, give his oath for that effect, (the prefent Keeper of thefe Books having already made faith to that urpofe) and if he tranfgrefs the faids Rules, the Lords fliall deprive him of his Office, and otherwayes pu- ifli him as they fee caufe , and appoint another in his place , who, and his Succefibrs , fhall al way es be lyable tor obferving the premifies. 5-. That in like manner there be a Book of Enrollment of Proceffes to be difcufs'd In the Inner-houfe , con- taining Caufes proper for the Inner-houfe; as the difcuiling of reafons of Reduction of Hcrerable Rights of [Lands, of Annual-rents , Declarators of Rights thereof , Probations of Tenors of Writs deftroyed or loft, Ljeffiones howrum , which Book fliall be keept by a perfon appointed, or to be appointed by the Lord Chan- cellor , who fhall :nfert the faids Proceffes as they are in readinefs to be difcufs'd i n the Inner-houfe, viz. Re- pletions alter the Production is clofed, and Declarators, Tenors and Qejjiones honor urn, alter the Dilators are wifcuffed in the Outer- houfe , and a great avifandum made by the Ordinary in the Outer-houfe, who is to pro- jceed no further therein ; and that according to the date of that great avifandum , as it ilands writren upon the IProcefs by the Clerk of the Procefs : And where the Lords , upon report of Difpute from the Outer-houfe made by the Ordinary , fhall for the importance , intricacy, or preparative of the points reported, ordain the; jCaufe to be heard in prefence of the whole Lords, the faid Procefs mall be infert in the Roll of the Inner-houfe, jaccording to the date of the Lords deliverance , appointing it to be heard in their prefence. 6- That there be a Book of Enrollment of concluded Caufes, whereof the probation is to be advifed by jtlie Lords , to be infert according to the date of the conclufion of the Caufe , as the fame fhall be pre- sented by the Clerks of the Procefs, to be keept by the Keeper of the faid Book of Enrollment for theln- Jner-houfe. 7. That the Keeper of the faids Books of Enrollment for the Inner-houfe , fliall attend in the Seffion-houfe Jeach Saturday from two to three a clock in the afternoon , and fhall receive and infert all Proceffes which fliall I be offered to him in either of the faids Books, according to the order forefaid; and fliall receive thirty fliil- ilings Scots for each Procefs to be infert in the Book of Caufes to be difcufs'd, and twelve fliillings for each ijCaufetobeinfertin the Book of concluded Caufes * and fliall exact or take no more forhimfelf or his fer- vants; and fliall make the faids Books patent to all the Lieges freely, and fliall affix a Roll both of Pro- ceffes to be difcufs'd in the Inner-houfe , and of concluded Caufes , in all things conform to the Books ^ 1 upon Monday, als oft as needbeis; and fliall add to the Caufes in the faid Roll for fubfequent weeks , in the fame manner as is appointed for the Rolls of the Outer-houfe , and both in the Books and Rolls fliall ex-

prefs the day of up-taking the Procefs, and the day of the great avifandum or Ordinance of the Lords for

[hearing the Caufe in their prefence, fubjoyning thereto the Caufes each day , both in the Books and Rolls of (Caufes to be difcufs'd, and the like for the Book and Roll of concluded Caufes ; according to the date of the conclufion of the Caufe. V % 2. That-