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act_n council_n parliament_n privy_a 2,717 5 9.7040 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A62412 Articles for regulating of the judicatories, &c. set down by the commissioners thereunto authorized by His Majesty, under the Great Seal: with His Majesties approbation thereof prefixed thereunto. Scotland. Commissioners for Regulating the Judicatories. 1670 (1670) Wing S999A; ESTC R222486 13,388 20

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is great clamor and complaint of the Exorbitant-allowance of late given to Advocats for Consultations far exceeding what was usual in former times That for remedy thereof the allowance of Advocats in time coming be regulat according to the quality of the persons who employes them and the Eminency of the Advocats employed in manner following viz. That for every Consultation pleading thereupon and drawing Bills upon any Interloquitor thereanent altogether there be given at most to any of these Advocats who ordinarily plead in the Inner-House by Noblemen eighteen pounds By Knights and Barrons fifteen pounds By Gentlemen and chief Burgesses twelve pounds And by all the rest of the People nine pounds And to the rest of the Advocats by Noble-men only twelve pounds By Knights and Barrons nine pounds By Gentlemen and chief Burgesses six pounds And by all the rest of the People four pounds And that nothing be allowed for drawing Informations to be given to the Lords after Disput but to one Advocat only and that the allowance therefore be only the half of what is allowed for the Consultation 28. That the Parties Pursuer and Defender do give in with the Process a Declaration under their hands bearing That as they shall answer to God they have not given nor shall give any more to any one Advocat employed by them in that Process for every Consultation comprehending as aforesaid then the foresaid allowance which Declaration is to be given in by the Defender at the return of the Process and by the Pursuer before the Process be called and incase of the Clients minority his Tutors or Curators and incase of his absence or that he hath employed another to disburse the mony for him the Person so employed shall give in the foresaid Declaration upon Oath which shall bear that he being the only Person employed to disburse mony to Advocats in that Process he hath not given nor shall give any more then as aforesaid And likewise that all who are already admitted Advocats before they be allowed to plead shall give their Oaths that they shall alwayes observe the saids rates and that no Advocats be admitted hereafter till they give that Oath 29. And because by the Act of Parliament one thousand six hundred and twenty one the rates of Writs are ordered conform to an Act of the Lords of Privy Council and Lords of Session in Anno one thousand six hundred and six the effect whereof hath been frustrate because nothing thereby is provided to Clerks Servants And in respect the rates of all things are much increased since that time Therefore that the rates of the Clerks of Session be as followeth viz. That the same rates be observed which are contained in the said Act of Parliament except as to Acts Decreets Protestations and Diligences for which there shall be only paid to the Clerk and his Servants three pounds Scots for each Sheet written in the same manner as they are now accustomed conform to a Pattern to be signed by this Commission and keeped by the Lords of Session And that the Clerks or their Servants take no money for production of Writs or giving up of the same again minuting of Disputes or booking of Acts and Decreets all which shall be paid by the saids Extracts but that there be allowed to them two Merks for taking a Parties Oath and one Merk for every Witnesses Deposition and thirty Shillings Scots for calling of every Act in presence of the Ordinary And that the Clerks or their Servants do not mark upon any Process Calling or Compearance or the calling of any Act but what was publickly done by a Macer that the Advocats may have timeous notice to satisfie the conclusion of Acts and that no Decreet be pronounced conditionally but simply according to the Act to be extracted twenty four hours after the same is read in the Minute book and that every Sederunt-day the Minute-book be read out fully that the Lieges be not delayed or necessitat to attend And that the Clients shall in the same manner as in relation to Advocats Allowance give their Oaths that they have keeped and shall keep the saids rates which shall be contained in one paper with their Declaration in relation to Advocats and that the Clerks and their Servants give their Oaths that they shall alwayes observe the saids Rules and Rates and that no Clerk be admitted hereafter till he give that Oath excepting Acts and Decreets of contentious dispute in presence of the Lords which are to be at the discretion of the Party conform to the Act of Parliament 30. And anent the Clerk of the Bills and his Servants that the rates in the said Act of Parliament one thousand six hundred and twenty one be in all points observed and also the rates for Allowance of Comprisings contained in the Act of Parliament one thousand six hundred and sixty one with this alteration That whereas that which is allowed by the said Act one thousand six hundred and twenty one for the Acts of Caution with the relief which comprehends the Bills of Suspension is too low for the Clerk and his Servants That there be allowed to the said Clerk and his Servants therefore three pounds and one merk Scots and no more and that the Clerk of the Bills and his Servants give their oaths in the same manner as the Advocats and Clerks of Session that they shall observe the saids rates And in case there be moe persons contained in the saids Bills of Suspension then one that every such person except the chief person shall pay six shillings eight pennies until they come the length of ten persons and no allowance is to be granted for any exceeding that number nor for a Community more then the said number of ten And for Relaxations six shillings eight pennies for every person more then one untill they come to the number of ten persons and no more to be taken for any greater number or Community and that this be in satisfaction of all that is to be given in that Office both for Master and Servants 31. In respect several persons being neither Advocats nor Advocats Servants do take upon them under the name of Agents to medle and negotiate in Processes who are found to be of no use but burdensom to the Lieges That hereafter all these Agents be debarred the House and not permitted to negotiate in or mannage Processes and recommends to the Lords of Session to see the same punctually observed Concerning the JVSTICE-COVRT SEing Causes Criminal are of the greatest importance and may extend to the Lives and Liberties of any of His Majesties Subjects and their Persons and Fortunes And seing the punishment of Crimes is of the greatest consequence for the safety and security of His Majesties Person and Authority and the Peace and Quietness of the Kingdom And therefore Matters Criminal ought to be determined in the most solemn exact and regular way that the Loyal and Innocent may be in