THE Commissioners appointed by His Majesty, with the Advice and Con­sent of the Estates of Parliament, for Regulation of Judicatorys, in dis­charge of the Trust committed to them, and after long and mature Delibe­ration, Do in the first place, for the effectual preventing and restraining of A­buses, and exorbitant Exactions in the Session, and for the more speedy, easie, and sure Administration of Justice by the Lords thereof, humbly offer to His Majesties Approbation, the Acts, Orders and Constitutions following,

• 1. That in the extracting of Acts or Decreets, whatever Sheets are repeated out of former Acts already extracted, and payed for in the same Proces, shall in the Act or Decreet wherein they are repeated, be only payed for as Copies, at the price of eight shill. Scots per sheet, and no more to be given to the Copier; and that the quota of Lines, or quantity of Writing of these sheets, be at least as many lines, and as much Writing in each sheet as was determined by the former Act of Regulation, and that whatever new sheets shall be added in the posterior Act, or in the Decreet, shall pay each sheet as a new sheet, conform to the for­mer Regulation, and that a broken sheet, if any be, be payed for as a whole sheet.
• 2. Item, For each Bill presented in the Inner-house, there shall only be pay­ed for presenting, fifty eight shill. Scots, and for presenting the written Answers made to the same as much; And that in this manner, viz. That the said Pay­ments be first payed in by the Parties to the Collector aftermentioned, and by him marked upon the said Bill and Answers before they be presented to the Lords.
• 3. Item, That where Bills and Answers are inserted in Acts or Decreets, every Bill and every Answer be reckoned in order to payment, a sheet; and that for the same so reckoned, there shall only be payed fourteen pence Scots for the Bill, and as much for the Answers, though either the Bill or Answers may be shorter or longer than a sheet, and that this price thus regulate, for preventing the trouble of Compting, be in that place of the three pounds scots in use to be pay­ed for the Sheets of Decreets or Acts, the rest of the Sheets always paying as above.
• 4. Item, That all the Clerks both of the Inner-house and Outer-house, be put under Pay by yearly Sallaries or Fees, and most strictly discharged of all other takings whatsoever, under the Pain of Deprivation, and of the Sum of one years Sallary beside; And that the Cognition and Tryal of their Observance hereof be by the Lords of Session, at the instance of any who shall complain. And far­der, that in case any Party in any Process, shall think fit to complain of the Clerk for undue taking, the Lords shall receive the Complaint summarly, and call both the Clerk and Party or Person alledged to have given, and first make the said Party or Person declare in Writing under his Hand, whether he hath given or not; and what he hath given, and then take tryal of the matter by Oath of the Clerk complained upon, or by any other Method of Tryal the Lords shall think just.
• [Page 4]5. Item, That all the said Clerks give their Oaths at their Admission, and re­new the same again the beginning of every Session, that they shall observe this Regulation, and that his Oath be conceived in the Formula following. ‘I A. B. Do by this my great and solemn Oath, in the presence of the Almighty GOD, promise and swear, that in my Office of Clerk, or for the discharge thereof in any part, I shall not, either by my self, or any other per­son or way whatsoever, take from any Party or Person whatsoever, either Money or good Deed, or Bond, or Promise of Money or good Deed, directly or indirectly, in any sort over and above the yearly Sallary and Fee, allowed to me for may said Office, and that I shall content my self with the said Sale lary, and hold my self honestly and strictly to the same, So help me GOD.’
• 6. Item, That the said Sallaries be as follows, viz. For the Principal Clerks, or the Clerks of the Inner-house, to each of them four thousand Merks scots yearly; and to the under Clerks, or Clerks of the Outter-house to each of them fifteen hundred merks yearly, to be payed out of the Dues of their whole Offices by the Collector after-mentioned. But if in any year, the saids Dues shall hap­pen not to extend so far, that then the Dues collected shall be divided amongst them proportionably, the Collectors Fees always included in manner after-men­tioned, and with this Provision, that the preceeding Inlakes shall be made up, and payed out of the first of the Excress of the succeeding years, and the superplus of the said Dues, after compleating of the said Payments, shall be disposed of by the Lords of Session in this manner, viz. In the first place, for repairing of such of the Clerks who have lately bought their Places at dear Rates, which are not yet sufficiently compensed, and thereafter for such other Uses concerning the good of the Colledge of Justice, as the saids Lords shall think fit.
• 7 Item, That Extracters have the Allowance of fourteen pence per Sheet of all Acts and Decreets, and no more, and that this fourteen pence be payed in by the Leidges to the Collector after-mentioned, over and above, and together with the three Pounds scots to be payed for ilk Sheet as formerly, and that the Col­lector give the said Fourteens back to the saids Extracters quarterly, to each of them as they shall instruct their share and Interest in the same, by their Minut-Books, or other sufficient Documents.
• 8. Item, That nothing be payed by way of Drink-money or otherwise, either to the Clerks, whether Principal or Under-Clerks, or to their Servants, or De­penders, either for calling Summonds, or Acts, or for Copies of Suspensions, In­terloquitors or Minuts, or giving in, or getting out of Papers, or getting up, or giving back Processes, or for any other Cause, except what is above allowed, and is to be payed in to the Collector above-mentioned.
• 9. Item, That there be a Collector Nominat and Chosen by the Lords for Collecting, Ingathering and Keeping all the Dues and Payments above-allowed, and that he have a yearly Sallary of eighteen hundred merks scots, to be payed out of the same Fond with the Clerks, and who shall bear a Proportional De­duction with them, in case of short-coming, and have the said short-coming or Inlake supplyed in the same manner with them ut supra; and that at his admissi­on, and in the beginning of every Session he take the same Oath prescribed to the Clerks mutatis mutandis; and that he find sufficient Caution for the discharge of his Office; and that he mark and sign the Payments made as above appointed, upon every Act, Decreet, or other Writ that are to pass his hands: And that the saids Writs make no Faith unless by him marked as said is. And to the effect the Clerks may have a sufficient Check upon the Collector, That the Collector sign their Minut-books once every Week, at such a time as he and they shall agree.
• [Page 5]10. That for hereafter in admitting Clerks of the Session, whether for the In­ner or Outer-house, the Lords of Session observe the following Rule, viz. That they admit no person to be a Clerk in the Inner-house, unless he be an Advocat or Writer to the Signet, and has served as such three years before; And next, that they take strict Tryal of the Ability and Integrity of all Clerks they shall admit, for performing their respective Offices, and that every Clerk in the Inner-house, shall at his Admission make Faith, and purge himself by his great Oath; that he hath not given, nor promised, directly or indirectly for procuring or obtaining his said Office and Place, more than four thousand merks, or an years Sallary; and that the Clerks of the Outer-house make Faith, and purge themselves in like manner, that they have not given nor promised, directly or indirectly, for procuring and obtaining their said Office and Place, more than one thousand pound scots, or an years Sallary thereof.
• 11. Item, That to prevent all slackness in the Clerks, in discharge of their Of­fices, the Lords take course that the Leidges be by them diligently and faithfully ser­ved, under such Rules and Cettifications as they shall think meet.
• 12. Item, That the Registers immediatly under the Clerk-Registers keeping in the lower Parliament House, or any where els be patent to all the Leidges, with­out any payment or other acknowledgment of that sort, to be made to any for sight of the Minut Books; and that for searching in the saids Registers, there be there be only paved a Rix Doller to the Registers Servant; And that for the Extracts to be taken out of the same, there be payed as follows, viz. Of any Writ past and Registrat since the year 1660, the double of the Extracts of Decreets given out by the Clerks of Session, which makes six pounds scots for each Sheet, and this six pounds to be both for writing and signing: And of any Writ registrat before the year 1660, the treble, which makes nine pounds scots for each sheet writing and signing, ut supra. Item, That there be only payed to the Register, for any Petition given in to be presented in Parliament twenty merks scots, and for the first Extracts of Acts, and Decreets of Parliament, in favours of Privat Persons, one hundred merks scots; and for the second Extracts thereof twenty merks money foresaid; And that there be nothing more payed for the said Pe­titions or Extracts under the Name of Drink money, or upon any other pretence, to any other Person whatsoever: And that the Register exact no more in time coming for his Sign and Subscription nor a Merk scots as was in use before the year 1686. And that if the Register or his Servants transgress in the Premisses, the Register shall be Tryed and Censured by the Lords of Session, and his Ser­vants shall be in like manner tryed by them, and shall be censurable by Fining, Imprisonment, or otherways, as the Lords shall see cause.
• 13. That the side-Bar, commonly so called in the Outer-house be wholy taken away; that is to say, That no Lord of Session be for hereafter allowed to call any Cause there; except only that the Ordinary on the Bills, may go there to his wonted place and Station, and call and hear Parties, in order to the passing or refusing of Bills, according to the Custom before observed: And that it be far­der declared, that if any of the saids Lords, shall go and call Causes at the side-Bar, hereby discharged; neither the Parties, nor their Advocats, nor the Clerks shall be obliged to answer, or attend; nor shall their not answering, or not at­tending, be prejudicial to them in any sort. Item, That to Supply any good use, that the foresaid side Bar, might have served for; that for hereafter the Lord Ordinary in the Outer-House, shall have and make use of his fitting, and time on the Bench in the Outer-House, every Saturnday forenoon during the Session, for calling such Causes, as having been called by him, in order of the Rolls, on the preceeding days of that Week, and not put to any Period, were formerly in use to have been called again by him at the side Bar; And for that end, that no Acts be called on the said Saturnday, until the Lord Ordinary go through the saids Causes, to be called again as said is. And that the Ordinary take care on the preceeding days of the Week, the Clerks may have sufficient time to call their [Page 6]Acts, if they find the said Calling prejudged by the said appointment of the Sa­turnday, in lieu of the said Bar.
• 14. That to shorten Processes, Acts, and Decreets, the Lord Ordinary that hears the Cause, and is to report the same, take in the Minuts from the Clerks, after they are shown to both Parties; and that if needful, he reform the same, and thereupon report the Cause, notwithstanding of any thing in the contrary, con­tained in the late Act of Parliament, anent Advocats their subscribing of the Mi­nuts of Debate, and that the Minuts so signed by the Ordinary, be patent to the Parties, in the Clerks hands.
• 15. That Causes called in presence, and appointed by a particular deliverance to be heard on a certain day, be peremptorly called that day, according to the Order, and Date of the said Deliverance; and that a Roll of them be made for that end; and that the Cause so ordered, shall have the same Right to be cal­led at its day, as Causes inrolled in the Books of Inrollment, whose Order the Lords cannot alter; and that no Causes be called by the ordinary Roll that day, until the Cause thereto remitted be heard, and discussed.
• 16. That all points, that the Lords upon Reports, or Bills, shall think fit to hear in presence, be either immediatly called and debated as to that Point, or o­therways be inrolled in the Roll of Causes, in the Inner-house, according to the Date of the Lords Deliverance; and that for that end, the Parties Procu­rators who demand a Hearing, be always ready to debate, or that otherways the Lords may determine upon the former debate.
• 17. That Acts and Decreets against more Debitors than one, may be Extra­cted in parts relating particularly to any of the Defenders, as if they did proceed upon a single Lybel; And that Acts and Decreets upon competition of Rights may be extracted in parts, each Party extracting the Decreet of his preference to others, with the grounds thereof, so as the Party postponed needs not extract the Debate, anent his being postponed; but only cause relate in general, that such Rights are preferred to him, as, V. G. If there be five Competitors, the Par­ty preferred in the first place, needs extract no more but the production of all their Interests, with the grounds of his preference to the other four, and he that is preferred in the second place, needs not extract the grounds, and debate where­upon the first is preferred to him; but only after a simple Narrative, that the first was preferred, deduce the Grounds, and debate whereupon he is preferred to the last three, without inserting the grounds of Debate betwixt the three that are postponed to him: And so for the rest of the Competitors, and that how soon any Competitor is preferred he may extract his preference at his pleasure, in the manner above-mentioned, albeit the Competition as to the rest, be not de­termined.
• 18. That in time-coming, Decreets in foro be not reduced and laid open up­on Nullities, further than ad hunc effectum, to hear the Parties anent redressing his Prejudice by that Nullity; and that it be declared, that the rest of the Interloqui­tors in the foresaid Decreet do stand, tanquam res hactenus judicatae.
• 19. That in all concluded Causes, when the Lord appointed to prepare the same for Advising, doth advise the saids Causes; the Advocats for the Parties, are either to object at the preparing what they have to say against the Report to be made, or to make their said Objections within at most fourteen days thereaf­ter; which Objections with the Answers thereto, shall be considered by the said Ordinary, and shall be subjoyned to the Report. And in case this be neglected, the Party neglecting shall not be heard at the Advising, until he Consign an A­mand of five Dollars; and that no Objection be made at the Advising against the Act, but against the Report, as to the Points proven or not proven.
• 20. That there be no Decreet of Certification upon Summonds of Reduction and Improbation, or of simple Improbation in Absence, unless the Cause be first called in the ordinary manner, before the Lord in the Outer-house; and that the said Lord do then appoint it to be Inrolled, according to the Date of its Cal­ling: [Page 7]and if when the said Summonds comes to be called in its Course, the said Decreet of Certification shall still happen to be given in absence, then it shall re­main unextracted for the space of four Weeks at least thereafter.
• 21. That in the case of other Decreets in absence, after calling of the Summonds by the Clerk in the Outter-house in the ordinary manner, the Cause be inrol­led in the beginning of the next Weeks Roll, and inrolled accordingly; and at the next calling in its Course, either Decreet be given in absence, or if the De­fender compear; that he be admitted to see and answer; and that the Cause be again inrolled, and proceeded in thereafter, in the ordinary manner.
• 22. That in all Causes where Probation is admitted, and made by Writ or Witnesses; the Lord Ordinary for concluded Causes, who prepares the same for Reporting, may consider the the said Probation; and if he find it clear, that he mark it to be so: and that in that case, the Probation and Cause be advised sum­marly without order of the Roll.
• 23. That for the remeiding of the Abuse of the multiplying of Bills, and of their superfluous length; the Lords shall upon occasion, as they find any Bill to be groundless, or in its length superfluous and litigious, Fine the Advocat, Sub­scriber and Party, in such a pecuniary Mulct, to be instantly payed, as they shall judge reasonable. And farder, that in all Causes where the Lords at the Con­clusion thereof, shall find the Succumber to have been calumnious or litigious; they shall take in an Accompt from the Party prevailing, upon his Oath of the Expenses and Damage that he hath been put to in that Process, and that then they decern: or in case of Extravagancy, Tax and Modifie the said Expenses and Damage, to be payed by the Succumber to the Party prevailing as said is: And this be more squarly and largely done in time coming, for the better preventing of calumnious and litigious Pleas and Processes.
• 24. That in place of the Allowance, formerly in place of Adjudications, or Apprysings, there be only for hereafter, a short Abbreviat made of the Decreet of Adjudication, after the manner of the said Allowance, and that this Abbrevi­at be at the pronouncing of the said Decreet, sigued by the Lord Pronouncer thereof, and given in to be recorded within threescore days after the pronoun­cing of the said Decreet, conform to the Act of Parliament anent Recording of Apprysings: and that the Recorder for Recording thereof, take no more than fourty shilling scots, whatever be the Sums of Money or Lands contained in the said Decreet of Adjudication, or whatever may be the length thereof: and that the person Ingiver of the said Abbreviat, his Name be marked, and he sign to it as is appointed at the Register of Seasins: and that the Recorder of the said Ab­breviat, do likewise mark immediatly after Recording thereof, whether the De­creet whereof it is the Abbreviats, shall not record the same duely as said is, but shall happen to take in any Abbreviat after the said threescore days, that he be therefore upon Tryal, deprived by the Lords of Session.
• 25. That for the cutting off of groundless and expensive Pleas, and Proces­es in time coming, the Lords of Session sustain no Reduction of any Decreet-Ar­bitral, that shall be pronounced hereafter upon a subscribed Submission, at the Instance of either of the Parties Submitters, upon any Cause or Reason whatsever, unless that of Corruption, Bribry or Falshood, to be alledged against the Judges Arbitrators who pronounced the same.
• 26. That in all Actions of Sale of Bankrupts Lands upon the late Acts of Par­liament, either depending, or to be hereafter raised; the Ranking of the Credi­tors, and others concerned, shall proceed, and first be concluded by Decreet, at the least to the Avail of the Price of the Lands found, and Stated by the Lords of Session, before the saids Lands be exposed to Roup and Sale.
• 27. That in the case where a matter brought before the Council, is by them Re­mitted to the Session, to be there summarly discussed: the same shall not be [Page 8]brought in before the saids Lords of Session, to be Debated and Discussed in the Forenoon, to the hindrance of the ordinary Course of the Roll, and to the pre­judice of the Leidges therein concerned; but shall only if the Lords think fit, be brought in to be debated and discussed as said is, in such an afternoon as they shal appoint.
• 28. That to evite the Confusion and Abuses that oft-times happens in Actions against Debitors, where a Multitude of Debitors are called; for hereafter in any Action to be intented before the Lords of Session against Debitors, there be not above six Defenders called in the same Summonds.
• 29. That notwithstanding of the Regulation formerly made of Advocats Fees in the Act of Parliament 1672; yet to the effect, the said Regulation may be bet­ter observed in time coming, that the saids Fees be regulat according to the Qua­lity of the persons who shall employ them in manner following, viz. That for one Consultation as is therein defin'd, a Nobleman shall not give more to an Ad­vocat than nine Dollers, or two Guinies at the most. That a Barron or Knight, shall not give more than seven Dollers, or one Guiney and a half at most. That any other Gentleman or chief Burgess, shall not give more than four Dollers, or one Guiney at most. And that all the rest of the Leidges, or any other Person, shall not give more than three Dollers at most. And farder, that there shal not be above three Advocats called to the Consulting the drawing of the Informa­tion, after Dispute to the Lords, and to the Advocat that draws the same, (of these three) may be given a full Fee, according to the foresaid Regulati­on: and to the other two, the half thereof, and no more.
• 30. That in all Processes before the Session, it shall be lawful to any of the Parties, in any Step of the Process, to Object against the other: and he either by himself, or some other for him, hath given or promised to one or other of his Advocats, or to some other person, directly or indirectly for the Advocats behove, more than is allowed by the foresaid Regulation. And in this case if the Party confess, or be holden as confest, then he shall be immediatly Fyned by the Sentence of the Lords, in one thousand pounds scots: whereof one thou­sand merks to be payed to the Party Objecter, and five hundred Merks to the Poors Box. And that Letters on a simple Charge of six days, and other Executorials necessary, be direct for payment thereof. And furder, if the Party discovered to be guilty as said is, shall happen to be the Pursuer, then the Process shal Stop until the foresaid Fine be payed as said is, without prejudice of the foresaid Ex' ecution for the same. And in case the Advocat alledged to have received more than the said Regulation shal not after the Givers confessing, or being holden as confest, purge himself by his Oath in the Terms above set down, that he has received no more, then he shall be fined in the Quadruple of the Fee, allowed to him by the Regulation, and transgressed as said is, to be payed into the Poors Box. And furder, the said Advocat transgressing, not purging himself as said is, shall be debarred from the Exercise of his Imployment for the space of three Months of Session time, without compting the time of Vacation.
• 31. That the whole Articles of Regulation, contained in the Act of Parlia­ment 1672, be declared to be in full force, except in so far as they are hereby In­novated or Altered.