the clerks of royal burghs, and to the clerks of burghs of regality and of barony, and to commissaries and commissary clerks, and other keepers of records, for the loss of fees and emoluments, of which they will be deprived by the operation of this act.

ACTS OF SEDERUNT.

A. S. 6. Jan. 1604, The writer is liable in damages who fails to insert a clause of registration in seisins, reversions, &c.-A. S. 25. Nov. 1665, Writs bearing a clause of registration in the court books of justice may be recorded in the books of council and session.-A. S. 8. July 1819, for better preservation of the records of court.-A. S. 11. July 1826, as to depositing four volumes of records, found in the State Paper-Office, in the General Register-House, Edinburgh.

REGISTRY OF SHIPS.

The navigation and ship-registry laws do not properly fall under the plan of this work. And it is the less necessary to give a detailed account of them, as they are fully explained by Mr Hume, comptroller of customs at London, in his treatise on the Laws of the Customs.

The first Scottish statute on the subject is the act 1661, cap. 45, by which certain duties and forfeitures were imposed on foreign ships, while the trade of Scotland was confined to ships truly belonging to natives. An oath of ownership was directed to be taken, and a certificate granted, of which certificates a register was directed to be kept.

A consolidation of all former laws took place in the

year 1786; and the statute 26. of Geo. III. cap. 60, was passed for this purpose.

toms.

After a variety of amendments, another consolidation was effected by the act 4. of Geo. IV. cap. 41, which, however, was repealed by the statute 6. of Geo. IV. cap. 105, entitled, "An act to repeal several "acts relating to the customs," on occasion of the general reformation in the departments of excise and cusAnd by the statute 6. of Geo. IV. cap. 109, "for the encouragement of British shipping and navigation," and cap. 110, " for the registering of British "vessels," which came into operation on 5th Jannary 1826, the whole system of registry was re-enacted. Hume's Consolidated View of the Laws of Customs, p. 171 and 183.-Bell's Com. I. 153.

REMOVING OF TENANTS.

When it is intended to give tenants notice or warning to quit possession, agreeably to the statutory directions, the procedure will be regulated by the following acts of Parliament and sederunt :

The act 1546, cap. 3, is in these terms:

The quhilk day, the Lord Governour, and the three Estaites of Parliamente, ratifies and apprievis in this present Parliament the acte maid at Striviling, the elleventh day of Junij, the zeir of God ane thousand five hundredth fourtysex zeires, maid anentis the laying furth of tennentes be their over-lordes, as at mair length is conteined in the said acte,

of the whilk the tenour followis: The quhilk day the Lord Governour, with advise of the Queenis Grace and lordes of councell, understand and that there is great convocationes maid in the realme for putting and laying of men furth of their tackes and steadinges, and siklike, to resist to the lordes of the ground, their baillies and officiares to lay them foorth, quhilk is the occasion of great trouble and slauchter amangst our Soveraine Ladies lieges; therefore it is statute and ordained, that letters be direct to all schireffes, stewardes, baillies, and their deputes, and to uthers officiares of the Queenis, schireffes in that parte, to passe to the mercat croce of the head burrows of the schires, and there, be open proclamation, commande and charge all and sindrie our Soveraine Ladies lieges, of quhatsumever degree they be, that nane of them tak upon hand to make ony convocation for putting and laying furth of ony tennentes, bot that they, be their baillies and officiares, lay furth the saidis tennentes gudes orderly, conforme to the lawes of the realme, observed and keiped in times bygane; nor zit that na maner of tennentes make ony convocation or gaddering, for resistance to their lords of the ground, their baillies and officiares, under the paines conteined in the actes of Parliament maid against them that makis ony gadderinges or convocations; with certification to them that dois in the contrair, that they sall be called at particular diets, and sall be punished therefore with all rigour, as accordis; and gif ony person thinkis them offended be uthers, ordainis that they sall be called outher criminally or civilly, and justice sall be ministred, as accordis.

The act 1555, cap. 39, "anent the warning of te66 nants," is as follows:

It is statute and ordained, that in all time cumming, the warning of all tennentes and uthers, to flit and remove fra lands, milnes, fishinges and possessiones quhat-sum-ever, sall be used in maner following; that is to say, lauchfull

warning being maid ony time within the zeir, fourtie dayes before the feast of Whitsunday, outher personally or at their dwelling places, and at the ground of the landes, and ane copie delivered to the wife or servandes, and failzieing thereof, to be affixed upon the zettes or dures of the dwelling places of the saidis landes, gif onie be, and thereafter the samin precept of warning to bee red in the paroch-kirk, quhair the landes lyis, upon ane Sabboth daye before noone, the time of preaching or prayers; and ane copie left and affixed upon the maist patent dure of the kirk, fourtie dayes before the terme, and na furder laying foorth of stresses, and remooveing upon Wednesday, to be used in time to cum. And gif the partie warned, in maner foresaid, removis not at the terme, in that case, the warner sall incontinent, or sa soone as pleasis him, cum to the lordes of councell, or to the schireffe of the schire, or uthers judges ordinares havand jurisdiction, schawand his precept of warning, ordourlie execute and indorsate, and sall have letters or precept to charge the parties warned and possessoures of that ground to compeir before the saidis lordes, schireffes or their deputes, or uthers judges ordinares foresaidis havand jurisdiction, upon sex dayes warning, or langer, at the will and desire of the persewar, to heare and see them decerned to remoove, desist and cease, conforme to the precept of warning and execution thereof, or else to schaw ane reasonable cause quhy they suld not do the samin; with certification to them and they failzie, that letters sall be direct simpliciter upon them in the said mater: at the quhilk day, gif they compeir not, the lordes, schireffes, or uther judges ordinar havand jurisdiction, sall decerne them to remove, desist and cease fra the landes: and gif they compeir and instantlie schawis sufficient title to bruik the landes, in that case, the samin judge to proceede and do justice, as accordis of the lawe and gif the partie compeiris and schawis na thing, bot makis alleageance, and offers him to improove

the indorsation, in that case he sall not be heard in judgement, bot gif he finde sufficient caution to the warner then instantlie, that gif his allegeance being foundin relevant, be not sufficientlie verified and prooven be him, that the profites, damnage, and interest, quhilkis the said warner, or ony uthers havand interest, has susteined, or sall happen to susteine, be the delay of the foresaide allegeance, be refounded to him and to the effect that this ordour may have sufficient processe in all times to cum, it is devised, statute and ordained, that all schireffes, and uthers judges ordinar havand jurisdiction, as said is, be their selves, or their sufficient deputes, bee reddie to sit be fensed courtes, all the lauchfull fifteene dayes after immediatlie the feast of Trinitie Sunday, for doing of justice in the saidis causes, in maner abone specified and gif the schireffes, or judges ordinares havand jurisdiction in maner foresaid, and their deputes, failzies to be reddie in granting of precepts, and doing of justice for observing of this ordour, in that case, they sall pay to the partie their haill damnage, interesse and expenses, but prejudice of the action, against the violent occupyars and possessoures foresaidis.

:

And als, that na advocation of causes be taken be the lords fra the judge ordinar, except it be for deadlie feede, or the schireffe principal, or the judge ordinar be partie, or the causes of the lords of councell, and their advocates, scribes and members.

By the statutes 1690, cap. 39, and 1693, cap. 24, "anent removing from land," the term of Whitsunday is declared to be the fifteenth day of May yearly.

ACT OF SEDERUNT.

A. S. 14. Dec. 1756, is as follows:

Whereas the difficulties that have occurred in actions. of removing from lands have been found to be highly pre