great prejudice ensueing to Trade & Commerce, by the length of the legal Reversion formerly granted, the Creditor not being able to command his money, and both Debitor and Creditor neglecting to use any policy & improvement of the Lands during the running of the legal Reversion; And that after expiring thereof, Comprisings have become the foundation of much fraud; the right thereof being sometimes acquired by the appearand Heirs of the Debitor, who thereby secluded the lawful Creditors: And that by the ignorance of Nottars and Messengers, and many unnecessar solemnities, oftimes Nullities have happened in Comprisings, and the same have alwayes been most expensive by heaping of penalties and Sheriff-fees. And His Majesty, being desirous to secure equally the interest of Debitors and Creditors, Doth, with advice and consent of His Estates of Parliament, Statute and Ordain, that in place of Comprisings, the Lords of Session, upon Processes raised before them at the instance of any Creditor against his Debitor, Principal or Cautioner, shall Adjudge and Decern to the Creditor in satisfaction of his Debt, as the same shall be decerned by the saids Lords, such a part. of the Debitors Estate, consisting in Lands and other Rights which were in use to be apprised, as shall be worth the sum principal and Annual-rent then restand to the Creditor, and a fift part more, in respect the Creditor wants the use of his money, and is necessitat to take Land for the same, besides and attour the composition to the Superior, and expences of the Infeftment; Which Adjudication shall be made, according to the several rates of the Lands and other Rights in the places where the same do ly; And for that effect, Probation shall be taken by the saids Lords for the part of the Creditor, and likewise for the part of the Debitor (if he shall desire the same) concerning the yearly Rent and value of the saids Lands and Rights, and what they have paid for five years by-gone, and. what the same may pay, and the rates and prices at which such Lands and Rights are usually sold in these places of the Kingdom where they ly; With Power to the saids Lords to determine what warrandice the Debitor shall be lyable in to the Creditor, of the Lands and Rights so adjudged as they shall find just: Upon which Decreet of Adjudication, it shall be lawful to the Creditor immediatly to enter to the possession of the Lands or other Rights adjudged to him, and to intromet with the Mails and Duties thereof, in satisfaction of his Annual-rent during the not redemption, without being lyable to any restriction or action of Count and Reckoning. And in case there be adjudged Lands affected with Life-rents, or any Casuality or other Right not yielding Rent during the running of the Le-t gal after-specified, the same shall be exprest in the said Decreet, together with that part of the sum effeirand thereto; That in case of redemption, the Creditor may have his Annual-rent for that part of his sum, for which he had no profit in manner foresaid: Which Lands and other Rights adjudged as said is, shall remain heretably and irredeemably with the Creditor, in case they be not redeemed within the space of five years after the Decreet of Adjudication, by payment or consignation of the sums principal and Annual-rent, for which the Adjudication did proceed, the Composition payed to the Superior, and expences in obtaining infeftment and Annual-rent of the same, in so far as is not satisfied by the Creditors possession in manner foresaid: And the Creditor being once in peaceable possession of the saids Lands or Rights, conform to the Decreet of Adjudication, it shall not be lawful for him to use any further execution against his Debitor, except in the case of eviction upon the warrandice to be decerned by the saids Lords; But it shall be leisum to the Creditor, to use all manner of execution against his Debitor Principal or Cautioner, by Horning, Caption, Arreastment or otherwise, until he enter to the actual possession of the Lands to be Adjudged in manner foresaid.

And it is hereby Statute and Ordained, that no Comprisings shall be led in time coming, of any Lands or other Rights, which are not already comprised; But prejudice alwayes of any apprisings led before the date of this Act, or to be deduced of Lands or other Rights already apprised, whereof the Legal is not expired, which are to have course conforme to the Laws and Acts formerly made thereanent: It is alwayes hereby Provided and Declared, that in case the Debitor shall abstract the Writs and Evidents of the Lands and other Rights to be adjudged, and shall not produce a sufficient Right thereof, and deliver the same, or Transumpts thereof to the Creditor as the Lords shall Judge necessary; and in case he shall not renounce the possession of the Lands and other Rights to be adjudged, and ratifie the Decreet of Adjudication, to the effect the Creditor may enter thereto summarly, without any impediment, so that the Creditor may have a clear right and quiet possession: Then and in that case, it shall be leisom to the Creditor to adjudge all or any Right belonging to his Debitor, in the same manner as he might have apprised the same, conform to the Act of Parliament, 1661. anent the payment of Debts betwixts Debitor and Creditor, in all points, under the Reversion, and with the power competent to other Creditors exprest in the said Act. And it is hereby Declared, that neither the Superior, nor the Adjudger shall be prejudged by this Act, but that they shall be in the same case after citation in this Process of Adjudication, as if Apprising were led of the Lands at that time, and a Charge given to the Superior thereupon: Whilk Decreets of Adjudication above-mentioned shall be allowed by the Lords of Session, as Apprisings now are; And the allowance shall be registrat in the same manner, and under the same certification, with the allowances of Comprisings; To the effect, the same may be known, and that Creditors may not be disappointed by Adjudging Lands already adjudged to others.291

47. ACT concerning the Priviledges of the Office of Lyon King at Armes.

OUR Soveraign Lord, considering, that albeit by the 125. Act of the 12. Parliament, holden by His Majesties Grand-father in the year, 1592. the usurpation of Armes by any of His Majesties Leidges, without the Authority of the Lyon King of Armes, is expressly discharged; And that in order thereto, power and Commission is granted to the Lyon King of Armes, or his Deputies to visit the whole Armes of Noble-men, Barons and Gentle-men, and to matriculate the same in their Registers, and to fine in one hundred pounds, all others who shall unjustly usurp Armes; As also to escheat all such Goods and Gear, as shall have unwarrantable Armes ingraven on them. Yet, amongst the many irregularities of these late times, very many have assumed to themselves Armes, who should bear none, and many of these who may in Law bear, have assumed to themselves the Armes of their Chief, without distinctions, or Armes which were not carried by them or their Predecessors. Therefore, His Majesty, with advice and consent of His Estates of Parliament, Ratifies and Approves the foresaid Act of Parliament; And for the more vigorous prosecution thereof, doth hereby Statute and Ordain, that letters of publication of this present Act be direct to be execut at the Mercat-cross of the head Burghs of the Shires, Stewart

291 In reference to this Act, see Ersk. b. ii. tit. xii.; and Bell's Com. i. p. 703, et sey. The last clause relating to allowances of Adjudications, is superseded by the Articles of Regulations concerning the Session 1695, § 24, the 1st and 2d Geo. IV. ch. 38, § 18, and the 1st and 2d Vict. ch. 118.

313 ries, Bailieries of Royalty and Regality, and Royal Burroughs, charging all and sundry Prelates, Noblemen, Barons and Gentle-men, who make use of any Arms or Signs Armorial, within the space of one year after the said publication to bring or send an account of what Arms, or Signs armorial they are accustomed to use, and whither they be Descendants of any Family, the Arms of which Family they bear, and of what Brother of the Family they are descended; With Testificats from persons of Honour, Noble-men or Gentle-men of quality, anent the verity of their having and using those Arms, and of their descent as aforesaid, to be delivered either to the Clerk of the Jurisdiction where the persons dwells, or to the Lyon Clerk, at his Office in Edinburgh, at the option of the party, upon their Receipts gratis, without paying any thing therefore; Which Receipt shall be a sufficient exoneration to them, from being oblieged to produce again, to the effect, that the Lyon King of Arms may distinguish the saids Arms, with congruant Differences, and may matriculate the same in his Books and Registers, and may give Arms to vertuous and well deserving persons, and Extracts of all Arms, expressing the blasoning of the Arms under his hand and Seal of Office; For which shall be payed to the Lyon, the sum of twenty merks, by every Prelate & Nobleman, and ten merks be every Knight and Baron, and five merks by every other person bearing Arms, and no more: And His Majesty hereby dispenses, with any penalties that may arise be this or any preceeding Act for bearing Armes, before the Proclamation to be issued hereupon. And it is Statute and Ordained, with consent foresaid, that the said Register shall be respected as the true and un-repealable rule of all Armes and Bearings in Scotland, to remain with the Lyons Office as a publick Register of the Kingdom, and to be transmitted to his Successors in all time coming: And that whosoever shall use any other Armes any manner of way, after the expiring of year and day from the date of the Proclamation to be issued hereupon, in manner foresaid, shall pay one hundred pounds money, toties quoties, to the Lyon, and shall likewise escheat to His Majesty, all the moveable Goods and Gear upon which the saids Armes are engraven, or otherwise represented. And His Majesty, with consent foresaids Declares, that it is only allowed for Noblemen and Bishops to subscribe by their Titles; And that all others shall subscribe their Christned Names, or the initial letter thereof with their Sirnames, and may, if they please adject the Designations of their Lands, prefixing the word OF to the saids Designations. And the Lyon King at Armes and his Brethren, are required to be carefull of informing themselves of the contraveeners hereof, and that they acquaint His Majesties Council therewith, who are hereby impowered to punish them as persons disobedient to, and contraveeners of, the Law. It is likewayes hereby Declared, that the Lyon and his Brethren Heraulds are Judges in all such causes, concerning the Malversation of Messengers in their office, and are to enjoy all other priviledges belonging to their Office, which are secured to them by the Laws of this Kingdom, and according to former practice. 292

58. ACT against Profanenesse.

OUR Soveraign Lord, considering the many and great violations of the Law of GOD, and of the Laws of this Kingdom, established by His Majesty and his Royal Predecessors, against cursing, swearing, drunkennesse, fornication and uncleannesse, profanation of the Lords-day, mocking or reproaching of Religion and the exercises thereof; Which are prohibit by several Acts of Parliament, under

292 This is one of several statutes which regulate the powers of the Lord Lyon. See note annexed to 1587, ch. 30, and Ersk. b. i. tit. iv. § 33.

diverse pecunial mulcts and penalties; and especially by the twenty act of the twenty two Parliament of King James the sixth, entituled, Act anent the punishment of Drunkards; And by the eighteenth Act of the first Session of His Majesties first Parliament, entituled, Act for the due observation of the Sabbathday; And the nineteenth Act thereof entituled, Act against swearing and excessive drinking; And by the thirty eight Act of that same Session of Parliament, containing instructions to the Justices of Peace: Doth, with advice of his Estates of Parliament, Statute and Ordain, that the several pains and fines appointed by the said Acts, be inflicted on, and exacted off the respective transgressors; And for that effect, it is hereby Statute and Ordained, that besides the excercise of Churchdiscipline, according to the Laws and practice used in this Church, in every Paroch within any Royal Burgh, or wherein any of His Majesties Privy Council or Lords of Session, Sheriff, Lord, or Bailiff of Regality or their Deputes, or Commissaries, have their residence or keep Courts, that the saids Councellors or Lords of Session, Magistrats of such Burghs, the Sheriffs and the Lords and Bailiffs of Regalities or their Deputes, the Commissaries or any Justice of Peace, They or any one or more of them, execute or cause execute the saids Laws, against such delinquents in the several Paroches where they reside, as shall be dilated to them by the Kirk-Sessions, or other Church-Judicatories. Providing alwayes, Likeas it is hereby provided, that the Minister and Kirk-Session, with the Heretors of each Paroch, or such of them as upon publick intimation by the Minister from the Pulpit, upon eight dayes warning, shall meet with the Minister, and his assistants in discipline, have the nomination of a Collector, who is to receive and count for the fines so imposed; Excepting to the Royal-Burghs the nomination of their Collectors, who have been accustomed so to nominate, they alwayes being accountable as other Collectors, for the uses after-specified: And where there be any Paroches, in which there is none of saids above-named persons in Authority resident, the Minister and Kirk-Session and Heretors of the Paroch, or Major part of them, who shall conveen upon publick intimation by the Minister upon eight dayes warning, shall nominate so often as they see cause, a person resident within the Paroch, whom they find most fit for executing of the saids Statutes, and shall under their hand, offer the persons so chosen to the Sheriffs, Lords and Bailiffs of Regalities, Stewarts, Commissaries, having the ordinary Jurisdiction of that place, who are hereby authorized to give Commission and Deputation to the persons so chosen for conveening the persons transgressors of the foresaid Statutes, and to judge in them according to Law: And it is hereby Declared, that all execution shall pass upon the Decreets and Sentences of the saids Judges and Commissioners, as do or may pass upon the Decreets or Sentences of Sheriffs, Bailiffs of Royalty or Regality, for executing of the saids Statutes, conform to the tennor thereof in all points. With Power to the said Minister, Kirk-Session and Heretors of each Paroch conveened in manner foresaid, to modifie and appoint such part and portion of the sums arising by the said Decreets, to the Collectors nominat by them for their services, as they shall find just, according to their pains and diligence. And it is hereby Declared, that the remainder of the saids sums shall belong to, and be made use of, for the poor of each Paroch respective, in manner following, viz. The one half thereof for the use of the poor of each Paroch to be sent to the Correction-houses, for being bred to lawful Trades, conform to an Act of Parliament, made in this Session of Parliament; And for which, the Collector shall be countable to the Heretors of each Paroch, and shall deliver to them Receipts from the Masters of the Correctionhouses of the one half of the saids sums, toward the allowance of the said poor people, appointed to be payed out of each Paroch by the said Act: and the other

half of the saids fines shall belong to the poor of each Paroch respective, who by the said Act, by reason of their age and infirmity, are appointed to be entertained within each Paroch by the Contributions at the Paroch-Kirk, and for which the saids Collectors are to be countable to the Minister and Kirk-Session of each Paroch, or to the Elders during the Vacancy; and to be applyed be them for the use of the poor, as they shall see cause.293

APUD EDINBURGH,

XXVIII DIE JULII, A.D. M,DC,LXXXI.
PARLT. 3.

5. ACT Concerning probative Witnesses in Writs and Executions. OUR SOVERAIGNE LORD Considering that by the Custom introduced when writing was not so ordinary, Witnesses insert in writs, although not subscribing, are probative Witnesses, and by their forgetfulness may easily disown their being witnesses. FOR REMEED whereof, His Majestie with advice and consent of the Estates of Parliament DOETH ENACT and DECLARE, That only subscribing Witnesses in writs to be subscribed by any partie hereafter, shall be probative, and not the Witnesses insert not subscribing; And that all such writs to be subscribed hereafter, wherein the Writer, & Witnesses are not designed, shall be null, and are not supplyable by condescending upon the Writer, or the designation of the Writer and Witnesses. AND it is farther STATUTE & DECLARED, That no witness shall subscribe as Witness to any parties subscription, unless he then know that party, and saw him subscribe, or saw, or heard him give warrand to a Nottar, or Nottars to subscribe for him, and in evidence thereof touch the Nottar's pen, or that the party did at the time of the Witnesses subscribing acknowledge his subscription; Otherwise the saids Witnesses shall be repute and punished, as accessorie to forgerie. AND SEING writting is now so ordinary, HIS MAJESTIE with consent foresaid DOETH ENACĨ and DECLARE, that no Witnesses but subscribing Witnesses shall be probative in instruments of Seising, Instruments of Resignation ad remanentiam, instruments of intimation of assignations, translations, or retro-cessions to bands, contracts, or other writs, which shall happen to be subscribed in any time hereafter: AND THAT none but subscribing Witnesses shall be probative in Executions of Messengers, of Inhibitions, of Interdictions, Hornings, or arrestments; And that no Execution whatsoever to be given hereafter, shall be sufficient to inferr interruption of prescription in Real rights, unless the same be done, before Witnesses present at the doing thereof subscribing: And that in all the saids caices the Witnesses be designed in the body of the Write Instrument, or Execution respective, otherwise the same shall be null and void, and make no faith in Judgement, nor out-with.294

293 In reference to this act, see Jobson and Hay v. Lambert, 29th November 1828, 7 S. & D. 83.

294 This important statute which, it is believed, was framed by Lord Stair, perfected the law in regard to the subscription of deeds. The previous statutes were 1540, cap. 37, 1579, cap. 18, 1593, cap. 25, 1672, ch. 47. In reference to this statute, see Earl of Fife against Duff, 22d December 1825, 4 S. & D., and the appeal case of Duff against Earl of Fife, decided in House of Lords, 22d May 1826, Wilson & Shaw's Reports, vol. ii. p. 166. See also Erskine, b. iii. tit. ii. § 13.