ACTS OF SEDERUNT; power to Court of Session to pass, 27.
ADJUDICATION. See Apprising; Adjudications of defunct debtor's lands redeemable by co-
creditors, 166-7; minor reponed against renunciation may redeem, 167; extract of in-
feftment or confirmation from Register of Privy Seal, &c. a sufficient title to a com-
prising creditor, 167-8; register of abbreviates of Comprisings, 244; reversion of com-
prisings extended to ten years-possession of so much land may be given to compriser,
265-6; pari passu preference of comprisings, heir of debtor, or his friend, possessing
an expired comprising, 266-7; benefits of this act to extend to adjudications,—creditor
willing to take land, &c., 267; only interest due on comprisings of minor's estates,
270; adjudger to be entered on payment of one year's rent, 285-6; adjudication sub-
stituted for comprising-special adjudication-expiry of legal reversion-after special
adjudication no farther diligence to be used, 311; general adjudication-entry with
superior-allowance to be registered, 312.
ADMIRALTY; jurisdiction of High Court of Admiralty-caution judicatum solvi, 318; power
to review inferior courts-advocation prohibited-suspension-may review its own de-
crees-passes and safe conducts, 319.-See Union.
ADULTERY, punishment of, 31; punishment of notour adultery, 40; notour and other adul-
tery, 70.-See Marriage.
ADVOCATES; Oath of calumny by, 4; bound to act for party, 102; number of them to be
employed-advocates to be kept close to the point, and not to speak more than half an
hour-fees to advocates, 301-2.
ADVOCATE, LORD; public prosecutor, 5–101.
ADVOCATION; when competent, 35; privilege of College of Justice, ib.; advocation for
sumns within 200 merks, &c. prohibited, 269–70; advocation of small causes, 299.
AGENTS; persons not qualified to be debarred, 303.
ALIMENT; process of aliment to be summary-form of it, 396. Aliment of poor prisoners
for debt, 399.
ALMSHOUSES.-See Poor.
ANN; the ann defined, 291.
ANNEXATION OF CHURCH LANDS, &c. TO THE CROWN; lands belonging to prelates, abbeys,
chapters, &c. 87; prelates, &c. relieved of taxation for annexed lands, and to be liable
in warrandice from fact and deed only-persons previously forfeited and restored-
King may feu annexed lands, and may use certain specified lands at pleasure, 88;
exceptions from the annexation, viz. lands already erected, a gift of the Abbacy of Holy-
roodhouse, the teinds, except where set with the stock, castles and houses of prelates,
manses and four acres of glebe, lands granted for colleges and schools, and for hospi-
tals and maisondieus, lands belonging to benefices of laic patronage, feuars and ten-
ants of annexed lands, pensions payable out of annexed lands, 89, 90-1; heirs of vas-
sals to enter with the Crown, 91; Crown not to quarrel rights of feuars or tenants,
except for nonpayment of duties, or falsehood, 92; feuars and tenants to enjoy their
lands, 92; feu-duty regulated where lands set with teinds included, 92-3; burghs of
regality and barony holding under prelates, to hold of Crown, 93; heritable juris-
dictions saved, 93-4; their power of repledging, 94; no heritable bailie or steward to
repledge from Justice Air, 94; powers of heritable bailies in hosts and armies saved,
95; exception as to Abbey of Dunfermline, 95; power to the Crown to make further
exceptions, and exceptions made by Crown, 95; power to Crown to use certain lands,
96; farther exceptions from annexation, 96; annexation of the lands of abbacies, &c.
210-11; titulars to hold of the Crown-ratification of former annexations—lands of
archbishops, &c. not comprehended, 211; Crown-lands may be feued under certain ex-
ceptions, 212; annexation of superiorities of lands belonging to abbacies, &c. 218–19.
See Jurisdiction, Heritable.
ANNUS DELIBERANDI.-See Heir.
APPRISING; Sheriff may sell or apprise lands for debt, 10; superior to receive appriser for
a year's mail, 11; apprising on charge to enter-redemption of apprised lands, 28; re-
demption of comprisings-excess of rent over interest to extinguish principal, 164–5 ;
privilege of minors-where a minor succeeds to a minor,-where a major succeeds to
a minor, 165; where rent less than interest, 166.—See Adjudication.
ARMORIAL BEARINGS; who may bear, 110; regulated, 312-13; of United Kingdom.-See
Union.
ARRESTMENT; prosecution and punishment of breach of arrestment, 73; caution how to be
found, 156; competent to arrest all bonds, &c. whereon no infeftment has followed,
249.-See Prescription.
ART AND PART; of Theft, 24.
ASSAULT; assaulting ministers, &c. 86, 203-4; striking or slaying within the palace, &e.
122; striking before the Justice, &c. or before Inferior Courts, 123; invading and pur-
suing Councillors, &c., 133-4; invading ministers-landlords, &c. to produce offenders,
203-4; beating or cursing of parents, capital, 24.—See Justice of the Peace.
BAIL; Penalties in Bail-bond, 122.-See Process Criminal.
BANKRUPT; Reduction of alienations in defraud of creditors, 73-4; gratuitous alienations
to conjunct and confident persons, 169-70; definition of notour bankrupt-securities
granted sixty days before bankruptcy-dispositions, &c. by bankrupt to be held as of
date of sasine-securities for future debts null-punishment of fraudulent bankruptcy
-Dyvour's habit, 391.-See Fraud, Ranking and Sale.
BARDS.-See Poor.
BARONY; jurisdiction over, 21.
BEES.-See Theft.
BEGGARS.-See Poor.
BENEFICE.-See Minister; Church.
BENT; pulling it up prohibited, 388.
BETTING.-See Gaming.
BIGAMY; punishment of, 31.
BILL OF COMPLAINT.-See Jurisdiction.
BILLS, Clerks of; Fees, 303.
BILLS OF EXCHANGE; summary diligence allowed on bills-bills to bear interest-re-ex-
change, damage, &c., 321; summary execution on inland bills, 400.
BLASPHEMY; punishment of, 241, 249, 259, 313-14-15, 382, 384–5; judges to put in exe-
cution acts against profaneness, 385-6, 398-9, 414-5.
BLENCH-DUTIES.-See Superior.
BLOODWYT.-See Assault; Justice of the Peace.
BONDS; bonds, &c. blank in name of grantee to be null, 396.
BOUNDARIES; charter with new boundaries not to prejudge third parties, 113.
BREACH OF ARRESTMENT.-See Arrestment.
BRIBES; Judges taking, 27.-See Session.
BRIDGES.-See Roads.
BRIEVE; form and vitiation of, 3-4; of distress against tenants for landlords' debts, 10.—
(See Lunatic.)
BURGH.-See Craft, Road, Sasine, Prison, Mob, Meeting; inns to be established in all burghs, 2;
convention of burghs established, 15; privileges of burghs-meetings of convention,
52, 75; may not sell their freedom, 103; all merchants, &c. within burgh to pay taxes,
&c.-exception of King's tradesmen and College of Justice, 128; common-good to be
annually rouped, and applied to burgh purposes exclusively, 124; Burgh taxation ex-
tended to certain classes of merchants and craftsmen, 128-9; repairing ruinous or burnt
tenements in burghs, 129, 270; what persons to be taxed for the poor and the burgh,
133; persons living within burgh not to be stented on property to landward, 133; horn-
ing on burgh decreets given at their conventions, 140; burgh acres not to be enclosed,
250; ruinous houses, 270; limitation of right of Burgh-courts to arrest debtors, 291.-
See Register; Commissioners to inquire into revenues of burghs and give redress-ma-
gistrates not to contract debt except in manner prescribed, 380; act allowing royal
burghs to communicate their privileges of trade to other burghs on certain conditions,
381-2; privileges of freemen, &c. and exceptions thereto, 406; provisions as to the
quota of taxt-roll laid on burghs of regality, &c., 406–7.
BURGH-COURT; horning on decrees of, 124; limitation of right of royal burghs to arrest
debtors, 291.
BURGHS OF REGALITY AND BARONY; prohibited from arresting debtors, 291.-See Burgh.
BURSARS.-See College.
BUTCHERS; not to be graziers, 417-8; tacks to butchers, 418; all persons may sell and break
flesh, 418.
CATTLE.-See Mischief, Trespass.
CAUTIONER.-See Prescription.
CHANCERY, Precept from.-See Sasine; form of precept, 109.
CHARGE TO ENTER HEIR.-See Heir.
CHARGE.-See Horning; copies of letters to be signed by officer, 115; diligence in Orkney
and Zetland, 328; form of citation, charge, &c., 374-5.
CHARTER.-See Boundaries; charters passing under the Great or Privy Seal to be regis-
tered-charters to contain precept of sasine-charters, &c. may be written bookwise,---
mode of sealing, 290–1.
CHILD; stealing pike, breaking dovecots, &c., 20.
CHURCH. (See Minister, Teinds, Reformation, Homicide, Sacrament, Faith, Confession of);
privileges of the halie kirke, 1; upholding parish churches and churchyards, 41,
49-50; jurisdiction of the Church, 44-5, 54; communion-elements, 50; markets in
churches or churchyards, 54; disturbances in church or churchyard, 86; privileges of
the church ratified, 103; General Assemblies-Synodical and Provincial Assemblies-
powers of Assemblies and Presbyteries Sessions-excommunication-powers of mi-
nister and Session, 104; Acts in favour of Popery, or against the True Kirk, repealed,
-Act 1584, ch. 129 not to be prejudicial to spiritual office-bearers-Act 1584 granting
commission to Bishops, &c., repealed, 105; churchyard dikes, 129; the Solemn League
and Covenant declared null and its renewal prohibited, 230; Church censures, how en-
regality and barony holding under prelates, to hold of Crown, 93; heritable juris-
dictions saved, 93–4; their power of repledging, 94; no heritable bailie or steward to
repledge from Justice Air, 94; powers of heritable bailies in hosts and armies saved,
95; exception as to Abbey of Dunfermline, 95; power to the Crown to make further
exceptions, and exceptions made by Crown, 95; power to Crown to use certain lands,
96; farther exceptions from annexation, 96; annexation of the lands of abbacies, &c.
210-11; titulars to hold of the Crown-ratification of former annexations-lands of
archbishops, &c. not comprehended, 211; Crown-lands may be feued under certain ex-
ceptions, 212; annexation of superiorities of lands belonging to abbacies, &c. 218–19.
See Jurisdiction, Heritable.
ANNUS DELIBERANDI.-See Heir.
APPRISING; Sheriff may sell or apprise lands for debt, 10; superior to receive appriser for
a year's mail, 11; apprising on charge to enter-redemption of apprised lands, 28; re-
demption of comprisings-excess of rent over interest to extinguish principal, 164–5;
privilege of minors-where a minor succeeds to a minor,-where a major succeeds to
a minor, 165; where rent less than interest, 166.—See Adjudication.
ARMORIAL BEARINGS; who may bear, 110; regulated, 312-13; of United Kingdom.-See
Union.
ARRESTMENT; prosecution and punishment of breach of arrestment, 73; caution how to be
found, 156; competent to arrest all bonds, &c. whereon no infeftment has followed,
249.-See Prescription.
ART AND PART; of Theft, 24.
ASSAULT; assaulting ministers, &c. 86, 203-4; striking or slaying within the palace, &c.
122; striking before the Justice, &c. or before Inferior Courts, 123; invading and pur-
suing Councillors, &c., 133-4; invading ministers-landlords, &c. to produce offenders,
203-4; beating or cursing of parents, capital, 24.—See Justice of the Peace.
BAIL; Penalties in Bail-bond, 122.-See Process Criminal.
BANKRUPT; Reduction of alienations in defraud of creditors, 73-4; gratuitous alienations
to conjunct and confident persons, 169-70; definition of notour bankrupt-securities
granted sixty days before bankruptcy-dispositions, &c. by bankrupt to be held as of
date of sasine-securities for future debts null-punishment of fraudulent bankruptcy
-Dyvour's habit, 391.-See Fraud, Ranking and Sale.
BARDS.-See Poor.
BARONY; jurisdiction over, 21.
BEES.-See Theft.
BEGGARS.-See Poor.
BENEFICE.-See Minister; Church.
BENT; pulling it up prohibited, 388.
BETTING.-See Gaming.
BIGAMY; punishment of, 31.
BILL OF COMPLAINT.-See Jurisdiction.
BILLS, Clerks of; Fees, 303.
BILLS OF EXCHANGE; summary diligence allowed on bills-bills to bear interest-re-ex-
change, damage, &c., 321; summary execution on inland bills, 400.
BLASPHEMY; punishment of, 241, 249, 259, 313–14-15, 382, 384-5; judges to put in exe-
cution acts against profaneness, 385-6, 398-9, 414-5.
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