Vacancy how supplied. Only Two Depute Clerks of the Bills. Salaries. No Fee. Fees paid over upon Oath. Qualification of Principal Clerk of Teinds. Principal or Depute Clerk of the Bills practising as an Advocate, &c. Provision for better conducting Business of the Teind Court. bound to accept the same in Terms of this Act, it shall be lawful to His Majesty, His Heirs and Successors, in such Case, to appoint a fit and proper Person, legally qualified, to be appointed a Principal Clerk of Session to fill the said Vacancy. VIII. And be it enacted, That from and after the Time when, in Terms of the Regulations contained in the said Act passed in the Fiftieth Year of the Reign of His late Majesty, there shall be only Two Depute Clerks of the Bills, each of whom would be entitled, by virtue of the said Act, to draw One Sixth Part of the total Fees payable to the Clerks of the Bills, the several Clerks of the Bills shall be entitled thenceforth to receive, from the Collector of the Fee Fund, the annual Salaries under mentioned, payable Quarterly, viz. for every Principal Clerk of the Bills, not being also a Principal Clerk of Session, Six hundred Pounds; for every Principal Clerk of the Bills, being also a Principal Clerk of Session, Three hundred Pounds; and for each of the Depute Clerks of the Bills, Four hundred and fifty Pounds; and the said Clerks shall be thereafter entitled to no Fee or other Emolument whatsoever, but the whole Fees now legally exigible by the said Clerks shall thenceforth be paid over on the First Monday of every Month to the Collector of the Fee Fund, conformably to an Account thereof to be delivered to him, signed by one or other of the said Depute Clerks, and to the Verity of which the said Depute Clerk shall make Oath, if required. IX. And be it enacted, That from and after the passing of this Act, no Person shall be capable to be appointed Principal Clerk of the Commissioners for Teinds, except a Person legally qualified to be appointed a Principal Clerk of Session; and no Principal or Depute Clerk of the Bills, to be hereafter appointed, shall after his Appointment practise as an Advocate or Agent before the Court of Session, under Pain of Deprivation of Office; nor shall any Person henceforth to be appointed Clerk to the Commission of Teinds practise as an Advocate or Agent before the Commission of Teinds, under Pain of the like Penalty. • X. And Whereas the Provisions heretofore made for the more regularly conducting the Business before the Teind Court, and bringing the Processes of Augmentation and Locality which come 'before it to a Conclusion, have been found insufficient in Practice, ⚫ and other Provisions and Regulations are required:' Be it enacted, That it shall and may be lawful for the Court of Session, as Commissioners for Plantation of Kirks and Valuation of Teinds, to pass any Act or Acts of Sederunt from time to time regulating the Form and Manner of Proceedings in all Processes of Augmentation and Locality that may come before them, in such Manner as they may see proper and expedient for the Dispatch of Business, and for Copies of Acts bringing such Processes to a final Conclusion: Provided always, that Copies of all such Acts of Sederunt shall be transmitted by the President of the Court of Session to His Majesty's Secretary of State for the Home Department, to be by him laid before both Houses of Parliament, at or immediately after the Commencement of the ensuing Session; and no such Act or Acts of Sederunt shall become in force or receive effect, until the Expiration of Three Calendar Months after the First Day of the Meeting of such Session of Parliament. of Sederunt transmitted to State for Home · IX. And ' ‹ XI. And Whereas it is expedient to abolish the Practice of directing Brieves to the Macers of the Court of Session in certain • Services;' Be it enacted, That in all Cases in which it is now Direction of lawful and competent to grant Commission by Authority of the Brieves to the Court of Session, to the said Macers for proceeding in any Ser- Macers in Service, and in which the Brief issued from Chancery is thereupon vices prohibited. directed to the Macers, such Commission shall, from and after the Twentieth Day of June in this present Year, be granted, and Other Proceedsuch Brief issued, according to similar Forms, to the Sheriff ings by issuing Depute of Edinburgh or his Substitute, as Sheriff in that Part Brief to Sheriff specially constituted, whether such Service may relate to Lands Depute of Edinburgh, &c. and Heritages situated in or beyond the Sheriffdom of Edinburgh, or in several Sheriffdoms; and in all Cases of Competition of Brieves, as well as where a Party claiming Right to appear and oppose a Service, shall make such Appearance, either Party may apply for and obtain Advocation of the Brieves to the Court of Session, not only from any inferior Judge, but also from the said Sheriff of Edinburgh, acting under special Commission; and the Lord Ordinary, before whom the Letters of Advocation shall be called, shall advocate the Brief, and remit to the Fifth or Junior permanent Lord Ordinary for the Time, to be Judge in the said Service, without Prejudice, nevertheless, to the Power of the Court, whether on Declinature or any other Cause shown, to remit to any other Ordinary to be Judge in any Service; and. every such Service, whether before the Lord Ordinary on Advocation, or before the Sheriff of Edinburgh on Special Commission, shall proceed in the same Place, Form and Manner (unless in so far as the same may hereafter be otherwise regulated in manner hereinafter authorized) as services have heretofore preceded before the Macers, except that the said Sheriff shall not be required to take Sheriff not reany Oath de fideli Administratione, as in the Case of the Macers; quired to take and that the Practice of applying to the Court of Assessors shall the Oath de be and is hereby abolished; and the Court of Session is hereby tratione, as in empowered, by any Act or Acts of Sederunt, to make such Rules the Case of and Regulations as may be deemed expedient for altering and Macers. amending the Form and Manner of issuing of Brieves and executing the same, and of conducting the Procedure in such Services; and for every such Service, deduced before the said Sheriff on Commission, he shall be entitled to a Fee of Five Guineas on every Service in Lands whereof the valued Rent is upwards of Two thousand Pounds Scots, and in every Service of a Peer, and of Two Guineas in every other Service. XII. And be it enacted, That it shall not be lawful to any Person to be Clerk to any such Service before the Lord Ordinary on Advocation, or before the Sheriff of Edinburgh on Commission, unless he be a Writer to the Signet; and the Clerk to every Service whatsoever of a Retourable Brieve shall, along with the Verdict, deliver or cause to be delivered into Chancery, to be preserved, subject to the Orders of the Lord Clerk Register, the original Claim of Service, Minutes of the Proceedings, and Depositions of the Witnesses; and no Retour of any Service shall be issued without such previous Delivery. • XIII. And Whereas Expences are occasionally incurred under 'the Authority of the Court, in making up Reports for the In • formation fideli Adminis Clerks to such Services to be Writers to the : Provision for Contingent Expences incurred under Authority of the Court. Inner House Rolls, and Clerks of the Judges, to receive Salaries instead of their present Fees. 'formation and by Order of the Houses of Parliament, as well as ' in other Matters connected with the Administration of Justice, ' for the Payment of which no fund has been hitherto provided ;' Be it enacted, That the Net Amount of all such Charges shall, from time to time, be paid on the Order of the Barons of Exchequer, on an Account of the same being presented to them, certified under the Signature of the Lord President of the College of Justice, out of the Monies charged by certain Acts made in the Seventh and Tenth Years of the Reign of Her Majesty Queen Anne, with the Fees, Salaries and other Charges allowed, or to be allowed, for keeping up the Courts of Session, Justiciary, and Exchequer. ́ ́XIV. ^And Whereas it is expedient that fixed Salaries should be paid to the Keepers of the Inner House Rolls, and the Clerks of the Judges, instead of the Fees now exigible by them; and also 'that certain Allowances should be granted for providing Liferent 'Annuities to them, 'payable on the Death or Resignation of the Judges to whom they are respectively attached;' Be it enacted, Keepers of the That from and after the Twentieth Day of June in this present Year, there shall be payable by the Collector of the Fee Fund to the Keepers of the Inner House Rolls, who are also Clerks to the Lord President and Lord Justice Clerk respectively, a Salary of Five hundred Pounds Sterling each per Annum, and to the Clerks of the Thirteen Ordinary Judges a Salary of Three hundred Pounds. Sterling each per Annum, payable quarterly; and none of the said Keepers or Clerks shall thenceforth be entitled to any Fee or other Emolument whatsoever; but the whole Fees now legally exigible by them shall be received by them respectively, and paid over on the First Monday of every Month to the Collector of the Fee Fund, conformably to signed Accounts to be delivered to him, and to the Verity of which they shall make Oath, if required by the Accountant of the Fee Fund: Provided always, that it shall be lawful to the Court, by any Act or Acts of Sederunt (which they are hereby empowered to make for that Purpose), to authorize and direct any other Mode of Collection of the said Fees, or of any Part thereof, which may be deemed more expedient, so as the whole of such Fees may, in the most easy and convenient Manner, be paid over to the Collector of the said Fund. Fees now exigible to be re ceived and paid Monthly to the Fee Fund. Court may direct any other Mode of Collection. Annual Allowance to Keepers of President and Duties of XV. And be it enacted, That from and after the Twentieth Day of June in this present Year, an annual Allowance of One hundred Pounds Sterling for each of the Keepers of the Inner House Rolls, being as aforesaid also Clerks of the Lord President and Lord Justice Clerk respectively; and a like Allowance of Fifty Pounds Sterling for each of the Clerks of the Thirteen Ordinary Judges, shall be paid by the said Collector to such Person or Persons as shall be named and appointed to receive the same by the said Court, by their Act or Acts of Sederunt from time to time; which Allowances, when so received, shall, under the Authority of the Court, be invested, for forming a Fund for the Purpose of providing eventual Liferent Annuities as aforesaid, and thereafter applied for the said Purpose, all in such manner as shall be directed and enjoined by the said Act or Acts of Sederunt, which the said Court is hereby authorized and required to make to that Effect. XVI. And be it enacted, That after the Death or Resignation of the present Keeper of the Outer House Rolls, the Duties of 18 that that Office shall be performed by the Clerks of the Eight Judges who are not permanent Ordinaries, according to a weekly Rotation to be established among them by the Direction or with the Approbation of the Court; and the Fees now legally exigible by the said Keeper shall thereafter be received by them each in his Turn, and paid over weekly to the Collector of the Fee Fund, to whom a printed Copy of the Rolls of the Week shall, at the same Time, be delivered for the Satisfaction of the Accountant; and the said Collector shall, from time to time, thereafter defray the necessary Expence of Paper and Printing for the said Rolls, according to Accounts thereof, to be duly certified by any Two or more of the said Clerks. § 13. 15, 16. repealed. Extracts pre XVII. And be it enacted, That so much of the said Act passed 50 G. 3. c. 112. in the Fiftieth Year of His said late Majesty's Reign as provides that the Six Assistants of the Principal Clerks of Session shall prepare the abridged Forms of Extracts therein directed to be observed, and as provides Salaries to such Six Assistants in respect of the Preparation thereof, shall, from and after the Twentieth Day of June in this present Year, be repealed; and all Extracts whatsoever which are now in pursuance of the said recited Act prepared by the said Assistants shall thenceforth be prepared by one or other of Four Extractors, to be appointed in manner hereinafter directed, and their Successors in Office, and shall be authenticated by the Signature of the Extractors by whom the same shall have been prepared respectively, in the same Manner and to the same Effect as such Extracts are now authenticated by the Signature of a Principal Clerk of Session; and the Forms of Extracts enjoined by the said Act to be used shall be so far altered. XVIII. And be it enacted, That the Duplicates of all Decreets for the Record, and also all Abbreviates of Decreets of Adjudication, which have been heretofore signed in compliance with the Act of Regulations, in the Year One thousand six hundred and ninety five, by the Lords Ordinary pronouncing Decree, as well as those Abbreviates of Decreets of Adjudication which have been heretofore signed, in compliance with an Act of Sederunt in the Year One thousand seven hundred and ninety three, by the Principal Clerks of Session, shall, from and after the Twentieth Day of June in this present Year, be authenticated by the Signature of the Extractors respectively by whom the Decreets shall be prepared and signed. XIX. And be it enacted, That the Nomination of each Extractor shall be made by the said Principal Clerks jointly, the senior Clerk having, in case of Equality, a casting Voice; and every such Nomination shall be made without receiving therefor any Price, Gratuity or valuable Consideration of any Kind, and shall be forthwith reported to the Court; and the said Extractors shall hold their Offices during the Pleasure of the said Principal Clerks, or the major Part of them, the senior Clerk having, as above directed, a casting voice in case of Equality; and the said Extractors shall give obedience to such Regulations as may be made by the Principal Clerks of Session from time to time, for establishing and preserving Order and Regularity in the Performance of their Duties, and for the faithful Performance of which Duties 1 & 2 GEO. IV G the pared by Extractors appointed as here inafter directed. Duplicates of Decreets for the Record, and Abbreviates of Adjudications, to be signed by the Extractors. Extractors to be appointed by the Principal Clerks of Session without Gratuity. Principal Clerks responsible for Duty; and fo present Report to Lord Clerk Register or Deputy. Salaries to No Fees 50 G. 3. c. 112. § 53. Compensation to Preparers of Extracts. 55 G. 3. c. 70. $ 2. Act of Sede runt to be made with regard to unextracted Processes. the Principal Clerks of Session shall be responsible; and the said Principal Clerks shall be bound as heretofore to maintain and exercise a constant and regular Superintendence, Control, and Direction regarding the official Conduct of the Extractors, and all other subordinate Officers in their Department, and for that Purpose at least one of them shall attend personally for such Time as shall be necessary, at least Three Days in every Week, in the Register Office; and the said Principal Clerks shall also prepare and deliver to the Lord Clerk Register or his Deputy, at the Commencement of every Winter and Summer Session, a Report setting forth such Matters as have occurred in the intermediate Period, relating to their Department, and appearing to be worthy of Notice, with a View to the Public Benefit. XX. And be it enacted, That there shall be paid to each of the said Extractors, by the Collector of the Fee Fund, a Salary of Two hundred and fifty Pounds Sterling per Annum, and they shall not be entitled to any Fee or other Emolument whatever, except the ordinary Charge for copying, paid for copying at the time in the Court of Session. 'XXI. And Whereas by the aforesaid Act, passed in the Fiftieth Year of His said late Majesty's Reign, specific Compensations were provided for Seventeen Extractors whose Offices were ' abolished, including in that Number the Six Assistants of the Principal Clerks of Session, being also Extractors, but a Deduction of Two hundred Pounds per Annum was made from the Amount of the Compensations ascertained to be due to each of • the said Assistants, which Deduction was made in Consideration of their Appointment to be Preparers of Extracts, with a Salary 'to each of Two hundred Pounds: And Whereas it is just and 'equitable that when the said Salaries are withdrawn, the corresponding Deduction from the Compensation should cease to operate; Be it therefore enacted, That an Annuity of Two hundred Pounds Sterling shall, from and after the Twentieth Day of June in this present Year, be paid to each of the Six Persons now filling the joint Offices of Clerks Assistant and Preparer of Extracts, upon the Order of the Barons of Exchequer, in the same Manner and at the same Times with the specific Compensations allowed by the said Act. XXII. And be it enacted, That the Keeper of the Judicial Records of the Court of Session, and the Six Assistants of the Principal Clerks of Session for the Time, shall, in virtue of their respective Appointments, be Members of the College of Justice. XXIII. And Whereas by the said Acts passed in the Fiftieth and Fifty fifth Years of His said late Majesty's Reign, certain Regulations were made with regard to unextracted Processes, which have not been found effectual; and it is expedient that the Court of Session should be empowered to make a new Regulation as to that Matter, and also to provide for and facilitate an Arrangement of extracted Decreets, according to the Dates of the las tInterlocutors in the Processes;' Be it enacted, That the said Court shall be empowered by Act or Acts of Sederunt, from time to time, to make such Regulations with Regard to the Disposal and Arrangement of Processes remaining unextracted, whether final Decree may or may not have been pronounced therein, as |