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which falls also to the children, if the father has 1 not tefted upon it. If he leaves both widow and children, the divifion is tripartite; the wife takes one third by herself; another falls, as legitime, to the children equally among them, or even to an only child, though he fhould fucceed to the heritage; the remaining third is the dead's part. Where the wife predeceases without children, one half is retained by the husband, the other falls to her next of kin: Where the leaves, children, the divifion ought also to be bipartite, by the common rules of fociety, fince no legitime is truly due on a mother's death; yet it is in practice tripartite; two thirds remain with the furviving father, as if one third were due to him proprio nomine, and another as administrator of the legitime for his children; the remaining third, being the wife's fhare, goes to her children, whether of that or any former marriage; for they are all equally her next of kin.

7. Before a teftament can be divided, the debts owing by the deceafed are to be deducted; for all executry must be free. As the hufband has the full power of burdening the goods in communion, bis debts affect the whole, and fo leffen the legitime and the <fhare of the relict, as well as the dead's part. His funeral charges, and the mourn ings and alimony due to the widow, are confider ed as his proper debts; but legacies, or other gratuitous rights granted by him on death-bed, affect only the dead's part. Bonds bearing intereft, due by the deceased, cannot diminish the relict's fhare, because such bonds, when due to the deceased, do not increase it. The funeral charges of the wife predeceafing, fall wholly on her executors, who have right to her fhare. Where the deceased leaves no family, neither husband, wife, nor child, the teftament fuffers no divifion, but all is the dead's part.

8. The whole iffae of the husband, not only by that marriage which was diffolved by his death, but by any former marriage, has an equal intereft in the legitime; otherwife the children of the firft marriage would be cut out, as they could not claim the legitime during their father's life. But no legitime is due, 1. Upon the death of a mother. 2. Neither is it due to grandchildren, upon the death of a grandfather. Ñor, 3. To children forisfamiliated, i, e. to such as, by having renounced the legitime, are no longer confidered as in familia, and so are excluded from any farther thare of the moveable estate than they have already received.

9. As the right of legitime is ftrongly founded in nature, the renunciation of it is not to be inferred by implication. Renunciation by a child of his claim of legitime has the fame effect as his death, in favour of the other children entitled thereto; and confequently the share of the renouncer divides among the reft; but he does not thereby lose his right to the dead's part, if he does not also renounce his fhare in the father's executry. Nay, his renunciation of the legitime, where he is the only younger child, has the effect to convert the whole fubject thereof into the dead's part, which will therefore fall to the renouncer himself, as next of kin, if the heir be not willing to collate the heritage with him. Yet it has been found that the

renunciation of the only younger child made the whole legitime accrue to the heir without collation.

10. For preferving an equality among all the children, who continue entitled to the legitime, we have adopted the Roman doctrine of collatio bonorum; whereby the child, who has got a provifion from his father, is obliged to collate it with the others, and impute it towards his own share of the legitime; but if, from the deed of provifion, the father fhall appear to have intended it as a præcipuum to the child, collation is excluded. A child is not bound to collate an heritable fubject provided to him, because the legitime is not impaired by fuch provifion. As this collation takes place only in questions among children who are entitled to the legitime, the relict is not bound to collate donations given to her by her husband, in order to increase her legitime; and on the other part, the children are not obliged to collate their provifions, in order to increase her fhare.

11. As an heir in heritage muft complete his ti tles by entry, so an executor is not vefted in the right of the moveable eftate of the deceased without confirmation. Confirmation is a sentence of the commiffary or bishop's court, empowering an executor, one or more, upon making inventory. of the moveables pertaining to the deceafed, to recover, poffefs, and adminifter them, either in behalf of themselves, or of others interefted therein. Teftaments must be confirmed in the commiffariat where the deceafed had his principal dwellinghouse at his death. If he had no fixed refidence, or died in a foreign country, the confirmation must be at Edinburgh, as the commune forum; but if he went abroad with an intention to return, the commiffariat within which he refided, before he left Scotland, is the only proper court.

12. Confirmation proceeds upon an edict which is affixed on the door of the parish church where the deceased dwelt, and ferves to intimate to all concerned the day of confirmation, which must be nine days at leaft after publifhing the edict. In a competition for the office of executor, the commiffary prefers, primo loco, the perfon named to it by the deceased himself, whofe nomination he ratifies or confirms, without any previous decerniture: this is called the confirmation of a testamentteftamentary. In default of an executor named by the deceased, univerfal difponees are by the prefent practice preferred; after them, the next of kin; then the relict; then creditors; and, lastly, special legatees. All these must be decerned executors, by a fentence called a decree dative; and if afterwards they incline to confirm, the com miffary authorifes them to adminifter, upon their making inventory, and giving security to make the fubject thereof forthcoming to all having inte reft; which is called the confirmation of a teftament dative.

13. A creditor, whofe debtor's teftament is already confirmed, may fue the executor, who holds the office for all concerned, to make payment of his debt. Where there is no confirmation, he himself may apply for the office, and confirm as executor-creditor; which entitles him to fue for and receive the subject confirmed, for his own payment; and where one applies for a confirmation

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as executor.creditor, every co-creditor may apply to be conjoined with him in the office. As this kind of confirmation is merely a form of diligence, creditors are exempted from the neceffity of confirming more than the amount of their debts.

14. A creditor, whose debt has not been conftituted, or his claim not closed by decree, during the life of his debtor, has no title to demand directly the office of executor qua creditor: but he may charge the next of kin who ftands off, to confirm, who muft either renounce within twenty days after the charge, or be liable for the debt; and if the next of kin renounces, the purfuer may conftitute his debt, and obtain a decree cognitionis caufa, againft. the hareditas jacens of the moveables, upon which he may confirm as executor-creditor, to the deceafed. Where one is creditor, not to the deceased, but to his next of kin, who stands off from con-, firming, he may affect the moveables of the de, ceafed, by obtaining himfelf decerned executor dative to the deceafed, as if he were creditor to him, and not to his next of kin.

15. Where an executor has either omitted to give up any of the effects belonging to the deceafed in inventory, or has eftimated them below their juft value, there is place for anew confirmation, ad omiffa vel male appretiata, at the fuit of any having intereft; and if it appears that he has not omitted or undervalued any fubject dolofe, the commiffary will ordain the fubjects omitted, or the difference between the estimations in the principal teftament and the true values, to be added thereto; but if dole thall be prefumed, the whole fubject of the teftament ad omiffa vel male appretiata, will be car ried to him who confirms it, to the exclusion of the executor in the principal teftament,

16. The legitime and reli&t's fhare, because they are rights ariling ex lege, operate ipfo jure, upon the father's death, in favour of the relict and children; and confequently pafs from them, though; they should die before confirmation, to their next of kin: whereas the dead's part, which falls to the children or other next of kin in the way of fucceffion, remains, if they fhould die before confirming, in bonis of the firft deceased; and fo does not defcend to their next of kin, but may be confirmed by the perfon who, at the time of confirmation, is the next of kin to the firft deceased. Special affignations, though neither intimated nor made public during the life of the granter, carry to the affignee the full right of the fubjects affigned, without confirmation. Special legacies are really affignations, and so fall under this rule. The next of kin, by the bare poffeffion of the ipfa corpora of moveables, acquires the property thereof without confirmation, and tranfmits it to his exe

cutors.

gree of reprefentation of the deceased, is properly an office: Executors therefore are not subjected to the debts due by the deceased, beyond the value of the inventory; but, at the fame time, they are liable in diligence for making the inventory effectual to all having intereft. An executor creditor who confirms more than his debt amounts! to, is liable in diligence for what he confirms. Executors are not liable in intereft, even upon fuch bonds recovered by them as carried intereft, to the deceafed, because their office obliges them to re tain the fums they have made effectual, in order to a diftribution thereof among all having intereft This holds though they should again lend out the money upon intereft, as they do it at their own rifk,

19. There are certain debts of the deceased, calli ed privileged debts, which were always prefer able to every other. Under that name are compre hended, medicines furnished to the deceased on deathbed, physicians 'fees during that period, fu neral charges, and the rent of his house, and his fervants wages for the year or term current at his death. Thefe the executors are in fafety to pay on demand. All the other creditors, who either obtain themselves confirmed, or who cite the executor already confirmed, within fix months after their debtor's death, are preferred, pari passu, with those who have done more timely diligence; and therefore no executor can either retain for his own debt, or pay a testamentary debt, fo as to exclude any creditor, who fhall ufe diligence with in the fix months, from the benefit of the pari paffu preference; neither can a decree for payment of debt be obtained, in that period, againft an executor, becaufe, till that term be elapfed, it cannot be known how many creditors may be entitled to the fund in his hands. If no diligence be ufed within the fix months, the executor may retain for his own debt, and pay the refidue prim venienti. Such creditors of the deceased, as have ufed diligence within a year after their debtor's death, are preferable, on the fubject of his teftament, to the creditors of his next of kin.

20. The only paffive title in moveables is vi tious intromiffion; which may be defined, an unwarrantable intermeddling with the moveabi eftate of a perfon deceased, without the order of law. This is not confined, as the paffive titles it heritage are to the perfons interested in the fuc ceffion, but ftrikes against all intromitters what ever. Where an executor confirmed intromits with more than he has confirmed, he incurs a paffiv title; fraud being in the common cafe prefumed from his not giving up in inventory the full fub ject intermeddled with. Vitious intromission alfo prefumed, where the repofitories of a dyin perfon are not fealed up, as foon as he become incapable of fenfe, by his nearest relations; or, he dies in a houfe not his own, they must be fea

17. The confirmation of any one fubject by the next of kin, as it proves his right of blood, has been adjudged to carry the whole executry out of the teftament of the deceased, even what was omit-ed by the master of such house, and the keys de ted, and to tranfmit all to his own executors. The confirmation of a stranger, who is executor nominated, as it is merely a trust for the next of kin, has the effect to eftablish the right of the next of kin to the subjects confirmed, in the fame man ner as if himself had confirmed them.

18. Executry, though it carries a certain de

livered to the judge ordinary, to be kept by him for the benefit of all having interest.

21. The paffive title of vitious intromiffion do not take place where there is any probable tit or circumftance that takes off the prefumption fraud. In confequence of this rule, neceffary i tromiffion, or custodia caufa, by the wife or ch

dre

ren, who only continue the poffeffion of the deceafed, in order to preferve his goods for the benefit of all concerned, infers no paffive title. And upon the fame principle, an intromitter, by confirming himself executor, and thereby fubjecting himfelf to account, before action be brought against him on the paffive titles, purges the vitiofity of his prior intromiffion; and where the intromitter is one who is interested in the fucceffion, e. g. next of kin, his confirmation, at any time within a year from the death of the deceased, will exclude the paffive title, notwithstanding a prior citation. As this paffive title was intended only for the fecurity of creditors, it cannot be fued upon by legatees; fince it arises ex deli&o, it cannot be pleaded against the heir of the intromitter. As in delicts, any one of many delinquents may be fubjected to the whole punishment, fo any one of many intromitters may be fued in folidum for the purfuer's debt, without calling the reft; but the intromitter who pays, has an action of relief against the others for their fhare of it. If the in tromitters are fued jointly, they are liable, not pro rata of their feveral intromiffions, but pro virili.

22. The whole of a debtor's eftate is fubjected to the payment of his debts; and therefore, both his heirs and executors are liable for them, in a queftion with creditors: but as fucceffion is by law divided into the heritable and the moveable eftate, each of thefe ought, in a queftion between the feveral fucceffors, to bear the burdens which naturally affect it. Action of relief is accordingly competent to the heir who has paid a moveable debt, against the executor; and vice verfa. This relief is not cut off by the deceased's having difponed either his land-eftate or his moveables, with the burden of his abhole debts; for fuch burden is not to be construed as an alteration of the legal fucceffion, but merely as a farther fecurity to creditors, unless the contrary fhall be prefumed from the special ftyle of the difpofition. SECT. XXII. Of LAST HEIRS and BASTARDS. 1. WHERE a vaffal dies without leaving any heir who can prove the remoteft propinquity to him, it is not the fuperior, as the old law ftood, but the king, who fucceeds as laft heir, both in the heritable and moveable estate of the deceased, in confequence of the rule, Quod nullius eft cedit domino Regi

2. If the lands, to which the king fucceeds, be holden immediately of himself, the property is confolidated with the fuperiority, as if refignation had been made in the fovereign's hands. If they are holden of a subject, the king, who cannot be vaffal to his own fubject, names a donatory; who, to complete his title, muft obtain a decree of declarator; and thereafter he is presented to the fuperior, by letters of prefentation from the king under the quarter feal, in which the fuperior is charged to enter the donatory. The whole eftate of the deceased is, in this cafe, fubjected to his debts, and to the widow's legal provifions. Neither the king nor his donatory is liable beyond the value of the fucceffion. A perfon who has no heir cannot alien his heritage in lecto, to the preVOL. XIII. PART I.

judice of the king, who is entitled to fet afide fuch deed, in the character of ultimus hæres.

3. A baftard can have no legal heirs, except thofe of his own body; fince there is no fucceffion but by the father, and a baftard has no certain father. The king therefore fucceeds to him, failing his lawful iffue, as laft heir. Though the baftard, as abfolute proprietor of his own eftate, can difpofe of his heritage in liege pouflie, and of his moveables by any deed inter vivos; yet he is dif abled, ex defectu natalium, from bequeathing by teftament, without letters of legitimation from the fovereign. If the baftard has lawful children, he may teft without fuch letters, and name tutors and curators to his iffue. Letters of legitimation, let their claufes be ever fo ftrong, cannot enable the baftard to fucceed to his natural father, to the exclufion of lawful heirs.

4. The legal rights of fucceffion, being founded in marriage, can be claimed only by those who are born in lawful marriage; the iffue therefore of an unlawful marriage are incapable of fucceffion. A baftard is excluded, 1. From his father's fucceffion; because law knows no father who is not marked out by marriage. 2. From all heritable fucceffion, whether by the father or mother; because he cannot be pronounced lawful heir by the inqueft, in terms of the brief. And, 3. From the moveable fucceffion of his mother; for though the mother be known, the bastard is not her lawful child, and legitimacy is implied in all fucceffion conferred by law. A aftard, though he cannot fucceed jure fanguinis, may fucceed by deftination, where he is fpecially called to the fucceffion by an entail or teftament.

5. Certain perfons, though born in lawful mar. riage, are incapable of fucceffion. Aliens are, from their allegiance to a foreign prince, incapable of fucceeding in feudal rights, without naturalization. Children born in a foreign ftate, whose fathers were natural born fubjects, and not attainted, are held to be natural born subjects. Per fons profeffing the Popish religion, who neglect, upon attaining the age of 15, to renounce its doctrines by a figned declaration, formerly could not fucceed in heritage; but by a late act for relief of protesting catholics, the rigour of this law is greatly mitigated. See ENGLAND, $ 130.

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all poffeffors of that thing: thus, an action for the recovery, even of a moveable fubject, when founded on a jus in re, is, in the proper acceptation, real; but real actions are, in vulgar fpeech, confined to fuch as are directed against heritable fubjects. A perfonal action is founded only on an obligation undertaken for the performance of fome fact, or the delivery of fome fubject; and therefore can be carried on against no other than the perfon obliged, or his heirs.

3. Actions, again, are either ordinary or refciffory. All actions are, in the fenfe of this divifion, ordinary, which are not refciffory. Refciffory actions are divided, 1. Into actions of proper improbation. 2. Actions of reduction improbation. 3. Actions of fimple reduction. Proper improbations, which are brought for declaring writings falfe or forged, are noticed below. SECT. IV. § 32. Reduction improbation is an action, whereby a perfon who may be hurt or affected by a writing, infifts for producing or exhibiting it in court, in order to have it fet afide, or its effect afcertained, under the certification that the writing, if not produced, fhall be declared falie and forged. This is a filion of law to force the production of writings.

4. As the certification in this process draws after it fo heavy confequences, two terms are affigned to the defenders for production.

5. In an action of fimple reduction, the certification is only temporary, declaring the writings called for null, until they be produced; fo that they recover their full force after production.

6. The moft ufual grounds of reduction of writings are, the want of the requifite folemnities; that the granter was minor, or interdicted, or inhibited; or that he figned the deed on death-bed, or was compelled or frightened into it, or was circumvented; or that he granted it in prejudice of his lawful creditors.

7. In reductions on the head of force or fear, or fraud and circumvention, the purfuer,muft libel the particular circumftances from which his allegation is to be proved. Reduction is not competent upon every degree of force or fear; it must be fuch as would fkake a man of constancy and refolution. Neither is it competent on that fear which arifes from the juft authority of hufbands or parents over their wives or children, nor upon the fear arifing from the regular execution of lawful diligence by caption, provided the deeds granted under that fear relate to the ground of debt contained in the diligence; but if they have no relation to that debt, they are reducible ex metu.

8. Alienations granted by debtors after contracting lawful debts, in favour of conjunct or confident perfons, without juft and neceffary causes, and without a juft price really paid, are, by the act 1621, declared to be null. One is deemed a prior creditor, whofe ground of debt exifted before the right granted by the debtor; though the written voucher of the debt should bear a date pofterior to it. Perfons are accounted conjunct, whofe relation to the granter is fo near, as to bar them from judging in his caufe. Confident perfons are thofe who appear to be in the granter's confidence, by being employed in his affairs, or

about his perfon; as a doer, fteward, r domestic fervant.

9. Rights, though gratuitous,' are not reducible, if the granter had, at the date thereof, a fufficient fund for the payment of his creditors. Provifions to children are, in the judgment of law, gratuitous; fo that their effect, in a queftion with creditors, depends on the folvency of the granter; but fettlements to wives, either in marriage contracts, or even after marriage, are onerous, in fo far as they are rational; and confequently are not reducible, even though the granter was infolvent. This rule holds alfo in rational tochers contracted" to hufbands: But it muft, in all cafes, be quali fied with this limitation, if oe infolvency of the granter was not publicly known; for if it was, fraud is prefumed in the receiver of the right, by contracting with the bankrupt.

10. The receiver of the deed, if he be a conjunct or confident perfon, muft inftruct or fupport the onerous caufe of his right, not merely by his own oath, but also by fome circumftances or adminicles. But where a right is granted to a stranger, the narrative of it, expreffing an onerous caufe, is fufficient per fe to fecure it against re

duction.

11. All voluntary payments or rights made by a bankrupt to one creditor, to difappoint the more timeous diligence of another, are reducible at the inftance of that creditor who has ufed the prior diligence. A creditor, though his diligence be but begun by citation, may infift in a reduction of all posterior voluntary rights granted to his prejudice; but the creditor who neglects to complete his begun diligence within a reasonable time, is not entitled to reduce any right granted by the debtor, after the time that the diligence is confiered as abandoned.

12. A prohibited alienation, when conveyed by the receiver to another who is not privy to the fraud, fubfifts in the perfon of the bona fide pu chafer. In the cafe of moveable rights, this nullity is receivable by exception; but it must be declared by reduction where the right is heritable.

13. By act 1696, c. 5, all alienations by a bankrupt, within 60 days before his bankruptcy, to one creditor in preference to another, are reduc ble, at the inftance even of fuch co-creditors as had not used the least step of diligence. A bankrupt is there described by the following charac ters; diligence used against him by horning and caption; and infolvency, joined either with im prifonment, retiring to the fanctuary, abfconding or forcibly defending himself from diligence. I is fufficient that a caption is raised against the debtor, though it be not executed, provided h has retired to fhun it. And by the late bankrup ftatute 23 Geo. III. it is declared, that in all ad tions and queftions arifing upon the conftructio and effect of the act 1696; when a debtor is ou of Scotland, or not liable to be imprisoned b reason of privilege or personal protection, a charg of horning executed againft him, together wit either an arreftment of any of his perfonal effec not loofed or discharged within fifteen days, or poinding executed of any of his moveables, or decree of adjudication of any part of his heritab

eftat

eftate, 'or fequeftration by the act of a proper court, of all or any part of his estate or effects, heritable or moveable, for payment of debt, fhall, when joined with infolvency, be held as fufficient proof of notour bankruptcy; and from and after the laft tep of fuch diligence, the said debtor, if infolvent, thall be held bankrupt. It is provided (by faid act 1696), that all heritable bonds or rights on which feifin may follow, fhall be reckoned, in a queftion with the granter's other creditors upon this act, to be of the date of the feifin following thereon. But this act was found to relate only to fecurities for former debts, and not to nova debita.

14. Actions are divided into rei perfecutoria, and panales. By the first, the purfuer infifts barely to recover the fubject that is his, or the debt due to him; and this includes the damage fuftained. In penal actions, which always arife ex deli&o, some thing is alfo demanded by way of penalty.

15. Actions of SPUILZIE, ejection, and intrufion, are penal. An action of fpuilzie is competent to one difpoffeffed of a moveable fubject violently, or without order of law, against the perfon difpoffeffing; not only for being restored to the poffeffion of the fubject, if extant, or for the value, if it be destroyed, but also for the violent profits, in cafe the action be brought within three years from the fpoliation. Ejection and intrufion are, in heritable subjects, what fpuilzie is in moveables, The difference between the two firft is, that in ejection, violence is ufed; whereas the intruder enters into the void poffeffion, without either a title from the proprietor, or the warrant of a judge. The actions arifing from all the three are of the fame general nature.

16. The action of contravention of LAW-BORROWS is alfo penal. It proceeds on letters of law. borrows (from borgh, a cautioner), which contain a warrant to charge the party complained upon, that he may give fecurity not to hurt the complainer in his person, family, or eftate. Thefe letters do not require the previous citation of the party complained upon, because the caution which the law requires is only for doing what is every man's duty; but, before the letters are executed against him, the complainer must make oath that he dreads bodily harm from him. The penalty of contravention is afcertained to a special fum, according to the offender's quality.

17. The most marked divifion of actions in our law is into petitory, poffeffory, and declaratory.

18. PETITORY ACTIONS are thofe, where fomething is demanded from the defender, in confequence of a right of property, or of credit in the purfuer: Thus, actions for reftitution of moveables, actions of poinding, or forthcoming, and indeed all perfonal actions upon contracts or quafi contracts, are petitory.

19. POSSESSORY ACTIONS are those which are founded, either upon poffeffion alone, as fpuilzies; or upon poffeflion joined with another title, as removings; and they are competent either for getting into poffeffion, for holding it, or for recovering it; analogous to the interdicts of the Roman law, quorum bonorum, uti poffidetis, and unde vi.

20. A DECLARATORY ACTION is that in which fome right is craved to be declared in favour of

the purfuer, but nothing fought to be paid or performed by the defender, fuch as declarators of marriage, of irritancy, &c.

21. The action of DOUBLE OF MULTIPLE-POINDING may be alfo reckoned declaratory. It is competent to a debtor, who is diftreffed, or threatened with distress, by two or more perfons claiming right to the debt, and who therefore brings the feveral claimants into the field, in order to debate and fettle their several preferences, that fo he may pay fecurely to him whofe right fhall be found preferable. This action is daily pursued by an arreftee, in the case of several arrestments used in his hands for the fame debt; or by tenants in the cafe of several adjudgers, all of whom claim right to the fame rents. In thefe competitions, any of the competitors may bring an action of multiple poinding in name of the tenants, or other debtors, without their consent, or even though they should disclaim the process; fince the law has introduced it as the proper remedy for getting fuch competitions determined: And while the subject in controverfy continues in medio, any third person who conceives he has a right to it, may, though he fhould not be cited as a defender, produce his titles, as if he were an original party to the fuit, and will be admitted for his intereft in the com petition. By the forefaid bankrupt statute, however, it is competent, in the cafe of a forthcoming or multiple-poinding raised on an arrestment used within 60 days prior, or four kalendar months fubfequent to a bankruptcy, for any other creditor, who has ufed an arreftment, producing his intereft, and making his claim, in the process, at any time before the expiration of the four months, to be ranked.

22. A procefs of WAKENING is of the fame clafs. An action is faid to fleep, when it lies over not infifted in for a year, in which case its effect is fufpended; but even then it may, at any time within the years of prefcription, be revived or wakened by a fummons, in which the purfuer recites the last step of the procefs, and concludes that it may be again carried on as if it had not been difcontinued.

23. An action that stands upon any of the inner. houfe rolls cannot fleep; nor an action in which decree is pronounced, because it has got its full completion: Confequently the decree may be extracted after the year, without the neceflity of a wakening.

24. An action of tranfumpt falls under the same clafs. It is competent to those who have a partial intereft in writings that are not in their own cuftody, against the poffeffors thereof, for exhibiting them, that they may be tranfumed for their behoof: after which full duplicates are made out, collated, and figned, by one of the clerks of court, which are called tranfumpts, and are as effectual as an extract from the register.

25. Actions proceeded anciently upon brieves iffuing from the chancery, directed to the jufticiary or judge ordinary, who tried the matter by a jury, upon whose verdict judgment was pronounced: And to this day we retain certain brieves, as of inqueft, terce, idiotry, tutory, perambulation, &c. But fummonies were, immediately upon the infti tution of the college of juftice, introduced in the

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