Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the nynth day of July J^aj vj^c nyntie six years

A1696/7/22

A1696/7/22¹

Order

The additionall Regulations

Sic suprascribitur William Rex
Our Soveraign Lord Having Considered the follouing additionall articles of Regulation Concerning the Session Approves and ordaines the same to be putt to execution And to have full force strength and effect Conform to the Late act of parliament made theranent And ordaines the same togither with this approbation both subscribed by his royall hand to be recorded in the books of secret Councill and Session and therafter published and printed That none pretend ignorance Given at his Majesties Camp at Corbens the 18/28 day of June 1696 and of his Majesties Reign the 8th year By his majesties Command sic subscribitur Robert Pringle
Folloues the additionall articles Concerning the session
Sic suprascribitur William Rex
The Commission appointed by his Majestie for Regulating of Judicatories Conform to the act of parliament In the first place for the further explication of the tuenty fourth article of the saids Regulations Bearing date the tuenty nynth of Aprile J^aj vj^c nyntie five anent the signing of Abbreviats of Adjudication by the pronuncers therof att the tyme of pronuncing the same Considering that the saids abbreviats must be prepared and made ready by the Clerks They think fitt that for preparing and wryting therof there be alloued to the Clerk of the proces fourteen pence per sheet to be paid in by the party pursuar to the Collector appointed by the saids articles After the manner and for the uses as the other dues mentioned in the saids articles are ordered to be payed in Secundo That the Recorder for recording the saids abbreviats shall have and may take Fourty shilling scotts only if the abbreviats be Contained uithin tuo sheets And four pounds scotts and noe more as uas appointed of before for allouances if it exceed tuo sheets how many sheets soever it exceed the same And that notuithstanding by the forsaids articles of Regulation already published Fourtie shilling scotts being alloued for Recording of Abbreviats without distinction Tertio That albeit formerly ther uas noe allouance in the case of adjudications proceeding on Decreits Cognitionis causa And that the saids abbreviats be appointed In place of former allouances yet it is thought fitt and ordained That hereafter there be abbreviats of all Decreits of Adjudication as weill of these proceeding on decreits Cognitionis causa As of these come in place of apprisings uithout Distinction And that they be recorded uithin sixtie dayes and expede at the rates and with Certification Conform to the Act of parliament anent allouances Quarto That for the Greater security and satisfactione of the parties Concerned albeit abbreviats fall to be wryten a pairt and subscribed before the Extracting of Decreits yet if any party shall desire he said abbreviat to be wryten upon the back of his decreit the same shall be done if the decreit shall be extracted and the same desyred within twice sixtie dayes after the date of the pronuncing therof And the same Lord ordinary who signed the first abbreviat shall signe the second Indorsed The party Concerned paying aluayes for the wryting therof Fourteen pence per sheet as for the first abbreviat Declaring that this article being only provyded for the greater satisfaction of parties is left free to them to be used or not used as they shall think fitt And that a single Abbreviat be as sufficient as both Quinto That the money formerly in use to be payed for the depositions of parties and witnesses and Lykeuayes for the Calling and tabling of sumonds and Calling of Acts As also the money appointed to be payed for acts and Decreits not extracted By reasone of the pleas are transacted Conform to the appointment of the regulations 1672 Be paid in to the Collector for the Clerks And to their stock And that the same be attested by him or otheruise that the clerk haver of the proces may stopp the same and detaine the peices produced in proces untill the said attestation be shouen As also that all Instrument money for Instruments taken before the Lords be putt into the stock and Given to the Collector for that effect Sexto That for the under Clerks their attendance and paines in Compt and Reckonings and Ranking of Creditors as also in Commissions and Improbations wher ther is production and for their attendance upon commissions ther shall be given to them as folloues in compt and reckonings by both pursuar and defender such allowance as the Lord Ordinary shall modifie for everie meeting toties quoties not exceeding a Rex dollor from each party and in competitions of rights and rankings a dollor for every intrest to be payed by the producer And in Reductions and Improbations wherin productions shall be made a Rex dollor by the producer for the haill production thogh at Different times And for attendance upon Commissions by aither party as the Lords of the Commission shall modifie All which soumes are to be paid into and attested by the Collector Septimo That for preparing of Concluded causes to be reported and advysed by the Lords ther be paid in such allouance as the Lord preparer of the report shall modifie not exceeding tuo dollors which is to be paid in to the Collector And his attestation upon the back of the Report produced and shouen before advysing And if one of the parties be absent then he is not therafter to be ² heard aither at preparing or advysing till he repay his halfe to the party who made the advance Octavo that at the first Inrolling of all Causes in the Inner house or Calling of Causes thereby the Lords warrand Ther be ane dollor paid by the pursuer and as much by the defender in to the Collector for the Clerks pains in Minuting the said cause during the dependence wherof a recept is to be shouen to the Keeper of the Rolls before he be obleidged to inroll the same Nono That Everie dilligence granted by the Lords uithout ane Act there be paid in to the Collector a dollor to be marked on the ³ warrant before expeding therof Decimo that for all negative oaths alloued to be summarly advysed The party Ingiver shall Give in a dollor to the Collector which is to be marked on the proces and shouen before the oath be advysed Declaring that wher ther is a bill given in for advysing of the said negative oath there shall be but one dollor paid for both the bill and advysing the oath And Lastly that Five Hundreth merks shall be added to each of the under Clerks yearly sallaries In regaird of their Great pains and attendance which shall be subject to the same defalcation the Thousand pounds scotts formerly modified was to have been Given at his Majesties Camp at Corbens the 18/28 day of June i696 And of his Majesties reigne the 8th year By his Majesties Command sic subscribitur Robert Pringle