does hereby declare, That the said year's space should not run against minors.

VI. ADJUDICATIONS.

The act 1661, cap. 31, is in these terms:

Our Soveraign Lord, with consent of the Estates of Parliament, considering that the registration of comprisings was only established by an act of secret council, and never authorized by any law or act of Parliament, and that the registration thereof did put the lieges to unnecessar charges, neither adding to the validity of the comprisings, nor to the benefit of the comprisers, hath therefore discharged, and by these presents discharges all registration of comprisings, with all gifts, acts of council, and other warrands and custome whatsomever, granted and observed at any time heretofore thereanent; and by thir presents ratifies and approves the custome observed these many years past, whereby, in place of the said registration, a short record of all comprisings of lands, teinds, and others, and of the comprisers' names and designations, the defenders' names, the debts for which the comprising is deduced, the messengers' and clerks' names, the date of the executions, the witnesses' names thereto, and of the superiors of whom the comprised lands are holden, hath been made in a book by the clerk of register and his deputes, at the allowing of the saids comprisings, (for which allowance and recording, there is only fourty shillings Scots to be paid,) and which custome is very useful and necessar for information of the lieges. And therefore his Majesty, with advice and consent foresaid, ratifies and approves the foresaid custome, and ordains all comprisings formerly deduced and not allowed and recorded in manner above written, to be brought in to the clerk of register and his deputes, within threescore

dayes after the publication hereof; and all comprisings to -be led and deduced hereafter, to be brought into the said clerk of register and his deputes, within threescore dayes after the date thereof. With certification, that if they be not allowed and recorded within the said space, any other comprising, though posterior in date, yet if it be allowed and recorded before the prior comprising, the same shall have preference according to the date of the allowance and record; but prejudice alwayes to any further diligence by infeftments, or charges against the superior, according to the priority or posteriority thereof, prout de jure.

By the 25th article of the regulations drawn up in November 1695, by parliamentary commissioners, for settling the court procedure, in place of all former provisions on the subject, it was ordered, that the Lord Ordinary shall sign an abbreviate of the decreet of adjudication, bearing its true date, the names of the parties, and the amount of the debt; which abbreviate shall be registered within sixty days from the day of being signed in the books of the Bill-Chamber. By the statute 1. and 2. of Geo. IV. cap. 38, § 18, abbreviates must be signed by the extractor, and recorded within sixty days from their dates. See title "Court of Ses"sion," Vol. I. p. 304. See " Parliamentary Regulations," (in acts of sederunt,) 1695, § 24.-Acts of sederunt, 18. Jan. 1715, 2. Dec. 1742, and as to recording abbreviates, A. S. 10. July 1811.

VII. PROBATIVE WRITS.

The statute 1698, cap. 4, declares,

That it shall be lawful and leisume to registrate, for con

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servation, all charters granted by subjects, dispositions, bonds, contracts, tacks, reversions, and all other probative writs, in any publick authentic register that is competent, albeit the said writs want a clause of registration, and the principal to be given back to the party, and the extract to make entire faith in all cases, in the same manner as if the said writs had been registrate, by virtue of a clause of registration, except in the case of improbations.

Act of Sederunt, 10. July 1811.

VIII. HORNINGS.

The act 1579, cap. 75," for punishment of persons "that contemnandly remains rebels, and at the King's "horn," ordains,

That all letters of horning, execute and indorsat, or that sall happen to be execute and indorsat, befoir the publication of this present act, sall, within the space of fifteene dayes, after the publication theirof, and in all time thereafter, within the space of fifteene dayes after the denuntiation, be brocht to the schireffe-clerk of everie schirefdome, quha sall registrate the same in the schireffes-buikes, and deliver the principall letters againe execute and indorsat, and noted on the back, registrate sik a day, and subscrived with his hand, within twenty-foure houres, after the receipt theirof, and sall receive fra the partie awner and presenter of the saidis letters for his labourers only sex schillings aucht pennies.

The quhilkes letters and executions theirof, swa registrate and subscrived on the back be the said schireffe-clerk, or the copie theirof authenticklie extracted foorth of the said schireffe buikes, subscrived be the said schireffe and clerk, sall be esteemed as authentick, and sall have effect and force in

quhatsumever judgment they happen to bee produced, ay and quhill the partie swa denunced to the horne obteine himselfe ordourlie relaxed theirfra: quhilk relaxation sall alswa be maid publicklie at the mercat croce of the shire quhair he dwellis, and quhair the denuntiation of horning was maid and that the said relaxation, and execution theirof, sall be likewise registrate in the said schireffes buikes within xv. dayes after the publication thereof at the mercat croce, and be alswa registrate and subscrived on the back in maner foirsaid, utherwise the saidis letters of horning and relaxations sall nowise bee halden lauchfullie and ordourlie execute, bot the executiones theirof null. And that all schireffes have honest famous men to their clerkes, quha be themselfes, or their sufficient deputes, sall be halden to be alwaies resident within the head burgh of the schire, for receiving and registring of the saidis hornings and relaxationes, as they sall occur, and sall do the same trewlie and ordourlie, within xxiv. houres, under the paine of payment of the damnage and interest that the partie skaithed happinis to susteine in their default, at the sicht and modification of the Lordes of Councell and Session.

The act 1584, cap. 142, provides for the case of a horning at the instance of a "person deceased long be"fore the making of the said act (1579, cap. 75,) "where the person denounced was also departed this "life before the making of the same :" and it declares,

That all letters of horning duly executed and indorsed for non-compearing to underlie the law, or for non-finding of sovertie to that effect reported to the justice-clerk and his deputes as use is, has been and shall be as sufficient as if the same were registered in the sheriff's books where the said rebels were denounced; and that it shall be sufficient, that the hornings within stewartries and regalities be registered within the books thereof, and that hornings

executed upon persons for their non-appearance to bear witness shall need no registration.

With regard to hornings, &c. against persons residing in baillieries, the act 1597, cap. 264, statutes and ordains,

That all letters of horning, relaxations, inhibitiones, interdictiones, and publicationes thereof, and utheris of the like sorte, that sall at ony time hereafter bee raised, and execute against quhat-sum-ever person within this realme, dwelland within the baillaries or stewardries, alsweill of royaltie as regalitie, be execute at the mercat-croce of the head burgh or toun of the saidis baillaries and stewardries, within the quhilk the saidis persones dwellis: And als that the samin letters be registred in the saidis stewart and baillies buikes : quhilk registration sall be als lauchfull in all time cumming, as gif the samin had bene registred in the schireffes buikes: And that all executiones and registrationes, that sall happen hereafter to be utherwaies execute and registred, sall be null, and of nane availe, with all that followed thereupon: And ordainis all the generall clauses and provisiones insert and mentioned in the acts of Parliament, maid of before, anent registration of horninges, in the schireffes buikes, to be halden as expressed and repeted in this present ordinance and constitution.

The act 1597, cap. 265, requires, that hornings for registration be presented either judicially, or to the clerk in presence of a notary and four witnesses. But this was repealed by the subsequent statute 1600, cap. 13, which declares simple registration sufficient, and dispenses with any presentation judicially, or before a notary and witnesses.