such alteration shall, within three months of its happening, be by the said factor put in the hands of the said clerk, in manner and to the ends above mentioned; and if the said rental given in by the factor shall be found deficient, or if he admit to add any increase thereof, he shall be decerned in the double of such deficiency and omission respectively.

4to. Such factor shall, once every year, give in a scheme of his accompts, charge and discharge, to the clerk aforesaid, that all concerned may have access to see and examine, and provide themselves with proper means of checking the same, wherein, if the said factor fail, he shall be liable to such a mulct as the Lords of Session shall modify, not being under an half-year's salary.

5to. When bonds, bills, notes, or obligations of any sort, for money or effects, are under the factory, the said factor shall make a list or inventory thereof, bearing the names of the creditor and debitor, conveyances thereof, the sum of money, or the thing due, the date, the terms of payment, and the term from whence annual rent runs, and from whence it is then resting, so far as he can discover; which list and inventory, and an accompt of the alterations that shall happen therein, shall, by the said factor, be put in the clerk's hands respectively, at the times, to the ends, and in manner, and under the certifications respectively aforesaid.

6to. If corns, cattle, outsight or insight plenishing or moveables of any sort, shall be under the factory, the said factor shall make inventory thereof, expressing all the particulars and the quantity and quality, or condition of the same; which inventory, and an accompt of such alterations as shall happen therein, expressing whence the alteration arose, and the price or value got for any of the said moveables that have been disposed of, shall likewise be put in the said clerk's hands. respectively at the time to the ends, and in manner, and under the certifications respectively aforesaid; and the said factor shall be obliged to manage such obligations for money or effects, and to manage or dispose of such moveables, according to the rules of law, and as prudence requires, for the benefit of the proprietor, and all having interest.

7mo. Where it is necessary by law that such money, of effects, or moveables, should be confirmed, the said factor may confirm the same in his own name as executor dative, and as factor appointed by the Lords of Council and Session, on the estate of such a person, and for the use and behoof of the said person, or of all that have or shall have interest, unless some other person having having a title offer to confirm, and shall put in the said clerk's hands a just and full copy of the said testament, and of all eiks he may afterwards make thereto, within the space of three months after the confirmation, and that under the penalty of such a mulct as the said Lords shall modify.

Sro. Such factor shall have power to grant tacks or leases, to continue during all the time that the estate set in tack shall remain under the inspection of the said Lords of Session, and for one year further.

9no. Such factor shall make payment of his intromissions to such person or persons, and at such times, as the said Lords shall, in the factory or otherwise, appoint.

10mo. If the factor fail in any part of the premises, it shall be a ground of removing him, without prejudice of the several particular certifications aforesaid.

11mo. In the bond of cautionry for such factor, he and his cautioner shall be bound conjunctly and severally, and be obliged for the said factor's observing the rules and instructions appointed and ordained by this Act, or that he shall be otherwise liable to in law.

12mo. This Act shall extend to all factors to be henceforth appointed and authorised by the said Lords, except such factors as are regulated by former Acts of Sederunt. And the Lords ordain this Act of Sederunt to be recorded in the Books of Sederunt, and printed and published in the ordinary manner.

ACT OF SEDERUNT, DATED DECEMBER 14, 1756, ANENT

REMOVINGS.

Whereas the difficulties that have occurred in actions of removing from lands have been found to be highly prejudicial to agriculture, and both to masters and tenants, in respect. that, during the dependence of such actions, the lands are neglected and deteriorated by the defender, and the heritor's security for his rent brought into danger, and tenants are discouraged from entering into tacks by the uncertainty of their attaining to possession, and by their finding the subject of their tack much deteriorated during the dependence of the process of removing against the preceding tenant: The Lords of Council and Session, resolving to remedy this great evil, do make the following Regulations, viz.:

1. That where a tenant is bound by his tack to remove without warning at the issue or determination of his tack, it shall be lawful to the heritor or other setter of the tack, upon such obligation, to obtain letters of horning, and thereupon to charge the tenant with horning forty days preceding the term of Whit-Sunday in the year in which his tack is to determine, or forty days preceding any other term of Whit-Sunday thereafter: And upon production of such tack and horning duly executed to the deputy sheriff or steward, or their substitutes, of the shire or stewartry where the lands lie, they are hereby authorised and required, within six days after the term of removal appointed by the tack, to eject such tenant, and to deliver the possession void to the setter, or those having right

from him

2. Where the tenant hath not obliged himself to remove without warning, in such case it shall be lawful to the heritor or other setter of the tack, in his option, either to use the Order prescribed by the Act of Parliament made in the year 1555, intituled "Act anent the Warning of Tenants," and thereupon pursue a warning and ejection, or to bring his action of removing against the tenant before the Judge Ordinary. And such action being called before the Judge Ordinary at least forty days before the term of Whit-Sunday, shall be held as equal to a warning execute in terms of the foresaid Act; And the Judge shall thereupon proceed to determine in the removing in the terms of that Act, in the same manner as if a warning had been executed in terms of the foresaid Act of Parliament.

3. Where a tack is assigned and the assignation not intimated by an instrument, or where the lands are subset in whole or in part to sub-tenants, such horning execute as aforesaid, or where process of removing and decreet is obtained, or where warning in terms of the Act, 1555, is used against the principal or original tacksman, the same shall be effectual against the assignees or sub-tenants, one or more, and the action of remov ing against the principal or original tacksman, and decreet of removing following thereon, shall be effectual against such assignees and sub-tenants as aforesaid, and shall be sufficient ground of ejecting them, anything in the former practice to the contrary notwithstanding.

4. Where a tenant has irritated his tack by suffering two years' rent to be in arrear, it shall be lawful to the setter or heritor to declare the irritancy before the Judge Ordinary, and to insist in a summar removing before him; and it shall ha lawful to the sheriff or steward-depute, or their substitutes, to find the irritancy incurred, and to decern in the removing, any practice to the contrary notwithstanding.

5.*Where a tenant shall run in arrear of one full year's rent, or shall desert his possession and leave it unlaboured at the usual time of labouring, in these, or either of these cases, it shall be lawful to the heritor or other setter of the lands to bring his action against the tenant before the Judge Ordinary, who is hereby empowered and required to decern and ordain the tenant to find caution for the arrears, and for payment of the rent for the five crops following or during the currency of the tack, if the tack is of shorter endurance than five years, within a certain time to be limited by the Judge, and failing thereof, to decern the tenant summarily to remove, and to eject him in the same manner as if the tack were determined and the tenant had been legally warned in terms of the aforesaid Act, 1555.

6. The Lords hereby enact and declare that no bill of advocation or suspension of a decreet or process of removing

The terms of this section are now qualified by section 27 of the Agri. cultural Holdings (Scotland) Act, 1883 (46 & 47 Vict. c. 62.).

Advocation abolished by 31 & 32 Vict. c. 100. s. 6

be passed otherwise than by three Lords in times of vacance, and by the whole Lords in presence in the time of Session: Provided always that in vacation time, and where three Lords cannot easily be found, it shall be lawful to the Lord Ordinary on the Bills, upon such bills of suspension, to grant sists from time to time as he shall judge proper, to the end that the complainer may have access to present his bill of suspension to three Lords, or to the Court; and they hereby ordain that upon passing such bill of advocation or suspension, or at least within ten days after the date of the deliverance thereon, the complainer shall be bound to find sufficient caution, not only for implement of what shall be decerned on the advocation or* pension upon discussing thereof, but also for damage and expense in case the same shall be found due; and upon the complainers failing to find caution as aforesaid, such bill of advocation or suspension shall be held to be refused, and it shall be lawful for the other party to proceed in his action of removing, or in the execution of his decreet, as if no such bill of advocation or* suspension had been presented or passed.

sus

7. The Lords do not enact and declare, that in all removings whether orignally brought before this Court or by advocation or* suspension, they will proceed and determine the same summarily without abridging the course of any roll, and ordain this Act of Sederunt to be recorded in the Books of Sederunt, and printed and published in the usual form.

Robert Craigie, I.P.D.

ACT OF SEDERUNT, DATED FEBRUARY 6, 1806,† RELATIVE TO SUMMARY APPLICATION FOR TAXATION OF AGENTS' ACCOUNTS.

And in case either party mean to object to the report of the auditor, he shall immediately lodge with the clerk a note of his objections, stating them shortly, and without entering into argument; a copy of which note shall be transmitted by him to the agent on the other side; and the Court or the Lord Ordinary may either direct the same to be answered in writing, or riva rose at the bar, as the case may require, the expense of such discussion being always laid upon the objector, in case his objection shall not be sustained, and the interlocutor to be pronounced shall be final.

The Lords do further ordain that it shall be competent, either to the client or the agent, to make a summary application to the Court, or to the Lord Ordinary before whom the cause may depend, or has formerly depended, to get the account claimed by the agent remitted to the auditor of Court, in order to be examined and taxed according to these regulations; which

* Advocation abolished by 31 & 32 Vict. c. 100. s. 64.

Only so much of this Act is printed as would seem to be in force. For full text, see Alexander's Acts of Sederunt, pp. 123–129.

remit shall, on the application having been served on the opposite party, and produced in Court, with a written intimation, be forthwith granted; and the auditor shall thereafter inquire and report upon the said account to the Court, or to the Lord Ordinary, and the parties shall have it in their power to state objections to the report, all in manner above mentioned; and the sum so to be ascertained, as the amount of the account, shall alone form a charge against the client; and a precept or decree, on a charge of fifteen days, may issue accordingly, in which only the application, remit, report, and interlocutor of modification shall be inserted... And it is hereby enacted, That these proceedings may take place either during the dependence of a process, or, after it is out of Court, by an extracted decree. And whenever an agent or his representatives, shall rather choose to raise a summons for payment of an account, the Lord Ordinary before whom the process may come shall remit the account to the auditor of Court and no decree shall be pronounced, either in absence or after having heard parties without a report having been made by the auditor.

Hay Campbell, I.P.D.

ACT OF SEDERUNT, DATED JULY 11, 1828, UNDER THE COURT OF SESSION ACT, 1825,* CONSOLIDATING THE ACTS OF SEDERUNT.

Preamble. Recital of Acts to be consolidated. Repeal thereof. The Lords of Council and Session, and the Lord Chief Com missioner of the Jury Court, taking into consideration that, by an Act passed in the sixth year of His present Majesty, cap. 120, intituled, "An Act for the better regulating of the Forms of Process in the Courts of Law in Scotland," they are empowered and required to make such orders and regulations concerning the forms of process in the Court of Session, and such arrangements in respect to attendance and hours of doing business, as may most effectually carry into execution the purposes of the said Act; by which, likewise, it is provided, that they may alter or amend such regulations from time to time: That in pursuance of the powers conferred upon them, they have passed a variety of Acts of Sederunt, for the purpose aforesaid, which it is expedient to consolidate into one general Act: and that it is necessary, also, to amend some of the enactments contained in said Acts, as well as to make certain new and additional regulations for still further improving the forms of proceeding in said Court, do hereby enact and declare, That the several Acts of Sederunt before referred to, viz.:-1st, An Act "Relative to the Form of Process in the Inner House, Outer House, and Bill Chamber," passed on the 12th day of November, 1825; 2nd, An Act "Relative to the Forms of Edictal Citations against Persons furth of Scotland," passed on

* 6 Geo. IV. c. 120.

+ The Court of Session Act, 1825