ACTS OF SEDERUNT.

By A. S. 29. Feb. 1752, it is provided, that regalities being now abolished, hornings shall be published and executed at the market cross of any of the head burghs of the shire or stewartry within which the person dwells; and shall be recorded in the books of the shire or stewartry, in the same manner as formerly recorded in the books of regality.

By Act of Sederunt, 4. Jan. 1677, and 15. July 1692, the keepers of this record are ordered to make up their minute books regularly. See also A. S. 10. July 1811.

IX. INHIBITIONS.

The register for inhibitions and interdictions was established by the act 1581, cap. 119, which declares,

That all inhibitionęs and interdictiones to be raised hereafter for quhatsumever cause, with the executiones and indorsationes thereof, be within forty dayes after the publication and execution of the saidis inhibitiones and interdictiones, produced first to the schireffe-clerk of the schire, quhair the persone interdited or inhibit dwellis, and makis his residence: And gif the said persone have his landes and heritage, or the maist pairt thereof, lyand in ane uther schirefdome nor quhair he dwellis, that the person, at quhais instance the uther is interdited or inhibite, produce the said interdiction and inhibition, dewely execute and indorsat to the clerke of the schire quhair the saidis lands lyes, within the samin forty dayes: Quhilkis letters of interdiction and inhibition, with the execution thereof, the saidis schireffe clerkes sall insert in their registers, takand for everie letter, with the executions thereof, five schillinges: Quhilk letter, with the execution thereof, they sall signe with their subscription, and deliver the samin swa signet to the partie,

within twenty-four houres, nixt after the receipt thereof: The extract of the quhilk register sall have as great faith and strength, as gif the originall wer schawin, except the parties havand interest to oppone against the saidis inhibitiones and interdictiones offer to imprieve the samin, be way of action or exception: In the quhilk case, the pairtie purchesser of the saidis letters, and uthers havand interest to defend the samin, sall be halden to produce the principalles and originalles, notwithstanding that they be registrat, as said is: And that na interdiction or inhibition to be raysed and executed hereafter, be of force, strength, or effect, to onie intention, bot the samin to be null and of nane availl, except the samin be dewlie registrat, as said is.

The provisions of the acts 1597, cap. 264, and 1600, cap. 13, above quoted, apply to inhibitions and interdictions as well as to hornings.

See the above Acts of Sederunt applicable to hornings.

X. WRITS PASSING THE GREAT AND PRIVY SEALS.

The statute 1621, cap. 24, declares,

That in time comming, when any infeftment, or other writ or evident, which passeth his Highness great seale shall be formed and written by the director of his Highness chancellary, or his deputies, the same, after the writing thereof, shall be delivered by them unto the party, in-giver of the said infeftments, or others writtes foresaids, to the effect he may get his Highness great seale thereunto appended; at the delivery whereof, the party receiver of the same shall only be holden and astricted to pay at that time to the director of the chancellary, or his deputes, that one half of the prices allowed unto him by the book of rates for writing of evidents to the great seale: And that only in

consideration of the paines taken in forming and writing of the saids writs and evidents, without paying beforehand the other half of the saids prices, which hereby is appointed to be reserved unpayed, while the same be registrat in manner after mentioned. Which infeftments and evidents being delivered to the keeper of the great seale, and he having appended the same seale thereunto, and being satisfied of the price due to him therefore, ordains the keeper of the great seale to return, and redeliver the same infeftment, or other writ foresaid, so sealed by him, back again, to the director of his Highness chancellary, or his deputies; to the effect the same infeftments, evidents, or other writs foresaids, may be registrated by him in the registers and books appointed for that effect. Which being so registrated, ordains the director of his Highness chancellary, and his deputies, to deliver the same to the party, he being satisfied of the other half of the price foresaid, retained by the party, and unpayed by him, at the time of the writing of the saids evidents to the great seale, as due for the registration thereof, in manner above written.

The statute 1679, cap. 7, " I concerning writs passing the great and privy seals," declares,

That all charters, infeftments, commissions, gifts, and other writs which hereafter shall pass under the great and privy seals, shall be registrat in the registers of the great and privy seals respectivè, before the seall be appended to them: And the writers to these seals, who keep the registers thereof, are hereby ordained to registrat every writ passing their office, and, by their subscription, to mark the same on the back thereof, to be written and registrat by them, before they give them out to be sealed; and that they make and keep a perfect minut-book, containing the names, surnames and designations of the persons in whose favours the charters and other writs are granted, with the names of the lands and

special matters therein contained: And the keepers of these seals are hereby discharged to append the seals to any writs which are not so marked and attested to be registrat, as they will be answerable. And his Majesty further considering, that the writing of precepts of seasing, to pass under the quarter seal, is a great and unnecessary trouble to his subjects, and may be as well, and with less trouble supplied, if the precept of seasing were insert in the charter, doth therefore, with advice foresaid, suppress, and for ever discharge, the passing or writing of any precepts of seasing to, or under the quarter seal: And ordains, that, in lieu thereof, every charter shall, towards the end, contain a precept of seasing of all the lands and others contained therein; which shall be als sufficient for taking of seasings, as if the same were past under the quarter seal as said is: Likeas, his Majesty, understanding the great trouble and inconveniencies occasioned by the writing of long charters and other writs, which pass the seals aforesaid in one broad parchment, of so great length and largeness, that they can hardly be read; doth, for remeid thereof, with advice foresaid, statute and ordain, that it shall be free to any person, who hath any charter or writ to be written for the great or privy seals, to choice whether to have the same written in a broad skin of parchment as formerly, or to have them written by way of a book in leaves of parchment, about the breadth of an ordinary sheet of paper; and accordingly, the writters to the great and privy seals are hereby ordained to write and exped the same: And, if they shall be written in the way of a book, that each page be signed and marked by them as said is. Which being done, the respective seals are to be appended thereto in manner following, viz. to such as shall be written on a skin of parchment in the ordinary way, that the seals be appended as formerly; and to these which shall be written in the book-way, that the seals shall be appended upon a tye or band, which is to go thorow all the

leaves in the margine. And that for doing hereof, this shall be a sufficient warrand to all persons concerned.

ACT OF SEDERUNT.

A. S. 11. Feb. 1617, declares, that no signature or other writ, which passeth only the privy seal, and comes not to the great seal, be registered at the said privy seal until it be first sealed.

XI. RULE OF COMPETITION IN REAL RIGHTS.

The statute 1693, cap. 13, declares,

That all infeftments, whether of property, of annualrent, or other real rights, whereupon seisins for hereafter shall be taken, shall in all competitions be preferable, and preferred according to the date and priority of the registrations of the seisins, without respect to the distinctions of base and public infeftments, or of being cled with possession, or not cled with possession in all time coming.

GENERAL REGULATIONS AS TO THE RECORDS.

The act 1600, cap. 21, declares,

That all and whatsomever schireffes clerks in all tymes hereafter, shall present their registers to the clerks of register to be marked by him and his deputes. And whatsomever registration to be subscryved hereafter by them, upon whatsomever letters, together with whatsomever extracts shall be given forth thereof to any person, shall conteine in all tyme comming the leafe wherein the samine is registrat, and this ordour to beginne from the first day of March