advice and consent of the Estates of Parliament Statute and Ordaine That in all tyme comeing all Bills Reports Debates Probations and others relating to processes shall be considered reasoned advised and voted by the Lords of Session with open doors where parties procurators and all others are hereby allowed to be present as they used to be formerly in time of Debates but with this restriction that in some speciall cases the saids Lords shall be allowed to cause remove all persons except the parties and their procurators and that no person presume to speake after the Lords begin to advise under the pain of imprisonment unless he be desyred by the Lords . . . [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 43. [1693, cap. 27.] ACT anent Advising Criminal Processes with open doors THE King and Queens Majesties and Estates of Parliament Considering that by the Nyntieth Act Parliament Eleaventh King James the Sixth It is Statute Declared and Ordained that the haill Accusation Reasoning Writes Witnesses and other Probation and Instruction whatsomever of the cryme shall be alledged reasoned and deduced to the Assize in the presence of the party accused in face of judgement and no otherways And it being fitt and convenient for the Lieges that Criminall Tryalls which are of so great import be solemne and publick Doe Therefore Statute and Ordaine that after the Debate concerning the Relevancie of Criminall Lybells Dittays or Exculpations made by the parties and their procurators are closed that the Commissioners of Justiciary and other Criminall Judges shall advyse the same with open Doors in presence of the Pannell and Assyse and all others and that no person nor persons presume to speak unless he be desyred or interrupt or disturb the Court by noyse or any other manner of way under the pain of being sent to prison and ffyned at the Judges discretion as they shall think fitting any Law or Custome to the contrair hereof notwithstanding Declaring always that in the cases of Rapt Adulterie and the like the saids Commissioners may continue their former use and custom by causeing remove all persons except parties and procurators at the leading of the probation as they shall see cause CAP. 45. ACT anent the Common Good of Royall Burrowes OUR Soveraigne Lord and Lady the King and Queens Majesties Considering that the Royall Burroughs of the Kingdome erected and provyded with their respective publick Goods and Revenues by their Majesties Royall Ancestors are of late through the maleadministration of the Magistrates and others to whom the Management of the said publick Goods and Revenues hath been committed fallen under great debts and burthens to the diminution of the dignity of Estate of Burroughs and the disableing them to serve the Crowne and Government as they ought and that the Care Oversight and Controll of the said publick Goods and Revenues and of the Administration thereof doth undoubtedly belong to their Majesties by virtue of their Prerogative Royall Have thought fitt to Declare in plain Parliament Likeas they doe hereby Declare that alse well for what is past as in time comeing Their Majesties will give Commissions one or more to such persons as they shall be pleased to nominate to inquire into the Condition and State of the Common Good and Revenues whatsoever of all the Royall Burroughs and how the samen hath been heretofore or shall be hereafter imployed or misimployed and to call the malversers and misimployers to make accompt and to Ordaine and Decerne them and every one of them to refound and repay or otherways repair the Burrough or Burroughs by them lesed as the saids Commissioners shall find them lyable And Their Majesties with advice and consent forsaid Declare That the Acts and Sentences of the saids Commissioners shall have the strength and effect of Acts and Sentences of the Court of Exchequer . . . . And farder that it shall not be lawfull for hereafter to the Magistrates and Town Councill of any Burgh Royall to contract any Debt or give Bond for the samen Obligeing them and their Successors in Office without a previous Act made in the Town Councell in their fullest Convention . . . . Condescending upon the Causes and Uses for which the saids Debts are contracted and Bonds granted Certifying the forsaids Magistrates and others who shall contract Debts and grant Bonds without the said previous Act or if the causes and uses condescended on in the said Act shall not be found to be just true and reall that in any of the saids Cases the saids Contracters and Subscribers shall be personally lyable they and their heirs and successors in their private Fortunes to relieve and disburthen the Town of the saids Debts and that by Decreete of the Lords of Session at the instance of any Burgess of any of the saids Burroughs who hath borne the Office of Provest Baillie or Dean of Gild within the samen but prejudice always to the Right and Security of the party Creditor as likewayes but prejudice to any private persons Rights as to any of the saids Burghs as accords [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 51. [1693, cap. 30.] ACT AND RATIFICATION anent the Communication of Trade to Burghs of day of FORASMUCH as the Convention of the Royall Burrowes Holden At Dundee the Thirteenth of July One thousand Six Hundred and Nyntie two being willing to communicate the Benefite of Trade allowed to them by the Laws and Acts of Parliament in favours of Burroughs of Regalities Baronies and others that could relieve them of a proportionall part of the Burthen imposed upon Trade did by a Contract of the Date the One thousand Six hundred years Grant Power and Commission to Master John Buchan Advocate their Agent and to his substitutes for whom he shall be answerable for the space of three or five years in the option of the said Mr John to cause put the Act of Parliament made in their favoures upon the fourteenth day of June One thousand Six hundred and Nyntie years to execution against unfree Traders and to apply all the ffynes Penalties and Casualities to his and their own use [and behove and to Communicate the benefite of trade to Burghs of Regalities Barronies and vthers dureing the said space] as he should think fitt reserving always power to the Royall Burroughs for the freedome and priviledge of Trade to grant the same upon such Compositions as they shall think fitt provyding allways the saids Compositions were payed in to the said Master John ffor which he is obliged to relieve the saids Royall Burroughs during the space forsaid of ten pounds of the Hundred pounds of the Taxt Roll imposed upon the Royall Burroughs by Act of Parliament as the said Contract more fully bears OUR SOVERAIGNE LORD and LADY and the Estates of Parliament considering how just and advantagious Communication of Trade will be to the haill Lieges when the same is granted by the Royall Burroughs for relief of a proportionall parte of the burthen imposed upon them for their Trade Therefore their Majesties with advice and consent of the Estates of Parliament Doe Ratify Approve and Confirme the said Contract in its haill heads Clauses and Articles above written And their Majesties with advice and consent forsaid Statute and Ordaine that sicklike execution shall pass against the Burghs of Regalities Baronies and others for inbringing the proportions of the burthen to be payed by them for relief of the Royall Burroughs which any of them hath already or hereafter shall agree unto in consideration of the benefite of Trade communicate to them sicklike and in the same manner as is usuall for inbringing of the Cess payable to their Majesties by the Royall Burroughs and farder their Majesties with advice and consent forsaid Doe hereby expressly Statute and Ordain that after the expyreing of the forsaid Contract betwixt the said Royall Burroughs and Mr John Buchan their Agent the forsaid Communication of Trade shall continue and be perpetuate unto the saids Burghs of Regalities Baronies and others upon the paying or relieveing the Royall Burroughs of a just proportion of the hundred pound of the Taxt Roll imposed upon them by Act of Parliament effeirand and correspondent to their Trade and which proportion shall be equally condescended upon by the said Royall Burroughs at their first generall meeting after expiration of the said Contract and thereafter as often as they meet for altering of their Taxt Roll and in case any mistake or inequality shall happen in the adjusting the said proportion to be payed by the Burghs of Regalities Baronies and others conform to the Trade as aforesaid then and in that case the said Burghs are hereby allowed to apply themselves to the Parliament for regulateing and determineing the forsaid Quota according as they shall see just and upon the Division swa to be made of the said Quota then the said Royall Burroughs are to distribute and proportion the samen amongst the saids Burghs of Regalities Baronies and others according to their respective Trades . . . . [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] ACTA PARLIAMENTORUM GULIELMI. PARLIAMENT AT EDINBURGH, 9TH MAY 1695. CAP. 6. ACT anent the Justice Court OUR Soveraign Lord for the better Regulating of the Justice Court and facilitating and more sure ordering of the form and method of processes therin used Do therefore with advice and consent of the Estates of Parliament Statute and Ordain that in all time coming the use and custom hitherto observed in that Court of Advocats or Procurators their dictating and the Clerks writing of the Defences Duplyes Tripyles Quadruplyes and so furth for the defender and pursuer be discharged and laid aside And that in place thereof His Majesty's Advocat or other Advocats or Procurators for the Pursuer with the Advocats or Procurators for the Defender or Pannell debate the relevancy viva voce. . . . And his Majesty with advice and consent forsaid Ratifyes approves and confirms the whole rights powers and priviledges of the said Court of Justice and of the Lord Justice General Lord Justice Clerk and other Judges and all other members therof ... [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 7. ACT anent Principals and Cautioners HIS Majesty and the Estates of Parliament considering the great hurt and prejudice that hath befallen many persons and ffamilies and oft times to their utter ruine and undoing by mens facility to ingage as Cautioners for others who afterwards failing have left a growing burden on their Cautioners without relief Therefore and for remead therof His Majesty with advice forsaid Statutes and Ordains that no man binding and ingaging for hereafter for and with another conjunctly and severally in any bond or Contract for soumes of money shall be bound for the said soumes for longer than seven years after the date of the bond bot that from and after the said sevin years the said Cautioner shall be eo ipso free of his Caution And that whoever is bound for another either as express Cautioner or as Principal or Co-principal shall be understood to be a Cautioner to have the benefit of this Act providing that he have either clause of relief in the bond or a bond of relief a part intimat personally to the Creditor at his receaving of the bond without prejudice allways to the true principals being bound in the whole contents of the bond or Contract As also of the said Cautioners being still bound conform to the terms of the Bond within the said sevin years as before the making of this Act As also providing that what legal diligence by Inhibition Horning Arreastment Adjudication or any other way shall be done within the sevin years by Creditors against their Cautioners for what fell due in that time shall stand good and have its course and effect after the expiring of the sevin years as if this Act had not been made CAP. 8. ACT Regulating the Sale and Payment of Bankrupts Estates HIS MAJESTY with advice and consent of the Estates of Parliament for the further clearing and explaining of former Lawes anent the Sale of Bankrupts Estates Statutes Enacts and Declares that it shall be lawful to all purchasers of Bankrupts Estates after the space of one year counting from the Decreet of Sale after the term of Whitsunday One Thousand Six hundred and nyntie Six years to consign the whole price offered with the annualrent due at the time of the Consignation or so much therof as remains in the hands of the purchaser over and above what is warrantably payed to Creditors preferred by the Lords of Session . And because purchasers of Lands affected with liferents have retention of a share of the price It is hereby declared that the purchaser shall be allowed to consign what remains in his hands after the deceas of the Liferenter . . . . he alwayes making due intimation of the Consignation to the Creditors who got the rest of the price And his Majesty with Consent forsaid Statutes enacts and Declares that the purchaser paying the price offered to the Creditors according as they are or shall be ranked and preferred by the Lords of Session or consigning the same. . . . shall be forever exonered and the Security given for the price shall be delivered up to be cancelled and the Lands and others purchased and acquired disburdened of all debts or deeds of the Bankrupt or his predecessors from whom he had right and that the Bankrupt his heirs or appearand heirs or Creditors without exception of minority not compearing or conceaving themselves to be prejudged shall only have access to pursue the receavers of the price and their heirs and reserving to the minor læsed his relieffe as accords . . . . As also in case any debate remain undetermined amongst the Creditors anent their preferences it shall be lawful to the saids Lords upon application of the saids Creditors to grant warrand for uplifting and imploying the soumes consigned upon sufficient Security bearing annuairent [In part rep., 6 Ed. 7 c. 38 (S.L.R.).] CAP. 35. [1695, cap. 22.] ACT against Intruding into Churches without a Legal Call and Admission thereto OUR Soveraign Lord Considering That Ministers and Preachers their Intruding themselves into vacant Churches Possessing of Manses and Benefices and exerceing any part of the Ministerial ffunction in Paroches without a legal Call and Admission to the saids Churches is an high contempt of the Law and of a dangerous consequence tending to perpetuat Schism Therefore His Majesty with advice and consent of the Estates of Parliament Statutes and Declares that whoever hereafter shall intrude themselves into any Church or shall possess Manse or Benefice or shall exercise any part of the Ministerial function within any Paroch without an orderly Call.... and legal Admission from the Presbytrie within whose bounds it lyes shall be incapable of enjoying any Church or Stipend or Benefice within this Kingdom for the space of sevin years after their removal from the Church and quitting possession of the Stipend and Benefice into which they intruded Likas his Majesty with advice and consent forsaid does hereby Remitt the Execution of this present Act to Shirriffs Stewarts |