Page images
PDF
EPUB

admit of the cause being taken up on one of the days during its sitting, otherwise the appeal or other application shall be held to have been fallen from. (See as to this

No. 2, page , supra.) 5. That when the appeal, complaint, or reference, is made merely on a point of law or relevancy, it shall only be necessary to print such parts of the evidence, if any, as the party may think requisite for the determination of such point of law or relevancy; but in such cases, the papers shall be printed in such time as to enable the respondent to print any other parts of the evidence which he may deem material for the right understanding of the case. (See as to this No. 2, page supra.) 6. That reasons of dissent or appeal, and the answers thereto, when made, as well as all other papers not included in the record, shall be produced to the Assembly, as heretofore, but shall not be held as included in the regulation as to printing. 7. That in causes, the expense of printing shall be borne by the appellant, when there is one. When the inferior court shall refer a cause to the Assembly, without pronouncing judgment, the expense shall be borne by the parties mutually, under the certification that the party refusing to pay his share thereof, before the time appointed for laying the same on the table, shall be considered as having deserted the cause, and shall not be entitled to be heard. 8. That when there is no appeal or reference, it shall be optional to individual members of inferior courts, who may find it their duty to bring the proceedings of these courts under the review of the Assembly by complaint, either to comply with the regulations as to printing, or to furnish or to furnish a complete written copy of the whole papers and proceedings to the clerk of the Assembly. 9. That in all other cases, such as petitions, &c. the expense shall be borne by the party bringing the matter under the notice of the Assembly. 10. That causes arising out of trials for licence or ordination, and matters relating to church ordinances; as also references on matters which do not affect the interests of the parties in the cause, shall be excepted from this rule, excepting when the parties may think proper to print of

their own accord. 11. That a copy of every printed paper shall be kept by the clerk of Assembly, to be bound up and kept in the records of Assembly, with a copy of the judgment annexed.-Sess. ult. June 1.

1835. The procurator, as convener of the committee on the form of process, submitted a series of resolutions on the subject of making motions and putting the vote, and also on the printing of papers; and the Assembly agreed to convert these into Standing Orders of the house.

1. On Motions and Votes.

1. A motion, whether original or amended, shall be given in to the clerk in writing, as soon as it shall have been made to the house, and immediately read to the house by the moderator. 2. When a motion is duly seconded, and in possession of the house, it shall not be competent to make any alteration upon it, excepting in the shape of an amendment, or second or third motion, as the case may be regularly proposed to the house, unless it shall be consented to by the mover and seconder of any other motion or amendment then before the house. 3. The person who makes the first motion shall have a right to reply; after which the debate shall be held to be definitively closed; and no other person shall be entitled to speak, excepting with regard to the manner of putting the vote. 4. All motions except the first shall be considered as amendments on the first, and disposed of accordingly. 5. When there are only two motions before the house, the question put to the vote shall be, Motion or Amendment. 6. When there are three motions, the first question shall be, whether the second or third motion shall be put as the amendment against the first; and the second question shall be, whether the first motion, or the amendment so fixed, shall be the determination of the house. 7. When there are more than three motions, the first question shall be, whether that last proposed shall be put as the amendment, and so on till only three remain, when the procedure shall be as prescribed in article 6. 8. In causes, it shall not

be competent to move an amendment to the motion, unless it be of such a nature as to decide the case, or to forward it in its progress.

2. On the Printing of Papers.

1. That all papers laid on the table of the Assembly shall be printed in the quarto form used in the Court of Session. 2. That it shall not be necessary to print petitions for the opinion of the procurator, or for aid; or any other merely formal applications, which do not contain any statement on their merits. 3. That the extracts from the minutes of the Inferior Courts shall always be printed entire.-Sess. ult. May 28.

STIPENDS.

1647. Recommended to the parliament, or commission for planting kirks, to provide ministers in manses and glebes, and remead the prejudice sustained by ministers in having their glebes divided into parcels, and by lying far from their charges.-Sess. ult. Sept. 1.

1702. Recommended to the commission of plantation of kirks, to give due dispatch and encouragement to all processes for modification and locality of stipends, that so ministers may have a suitable maintenance, and a competency for communion elements, and ready access thereto. And it is recommended to the several presbyteries, to send in an account to the clerk of the General Assembly, or agent for the kirk, of such parishes in their bounds as cither want legal stipends, or want decreets for their stipends and communion elements; and to send therewith an account of the state of such parishes, and of the church, manse, and glebe thereof And that in all transportations in time coming, previous inquiry be made if there be a legal stipend, and a decreet therefor, in the parish craving the transportation.-Act 5.

1706. Recommended to presbyteries, to give information to the commission anent mortifications and stipends that have been dilapidated or suppressed; and the com

mission is appointed to be assistant to ministers in recov ering thereof.-Act 12.

1750. Resolved, That an humble application be made to the king and parliament for the following purposes, viz. That in raising a summons for modification, locality, and augmentation of stipend, it shall be sufficient that a general citation be made by every clerk from his desk, and letters written to absent heritors by the moderator of the presbytery; that the moderator of the presbytery pursue for an augmentation whether a parish be vacant or not; that ministers' stipends, if not paid within the year, shall bear interest from the first half-year after they become due; that the commission of teinds shall have power to suppress, to annex, and to alter the divisions of parishes: And the Assembly's commissioners are instructed to pray for relief in the premises, and for such further relief as to his majesty and parliament shall seem meet.-Act 4.

Note. This application was put off by the then session of parliament, and seems never after to have been resumed.

1759. Enacted, That in all time coming no minister shall make any composition with his heritors, with respect to obtaining a decreet of modification and locality for his stipend, but at the sight of the presbytery of the bounds. -Act 6.

1760. This, by an overture, extended to manses.

1762. Enjoined, That presbyteries take an exact account on the place, of the extent of the stipend, glebe, grass, and other emoluments, belonging to every minister within their bounds, and record the same with accuracy in their presbytery books. And it is appointed, That in case any person liable refuse or withhold any part of stipend, incumbents shall report the same to the presbytery, who are to give such directions for its recovery as the nature of the case may require; and that where a minister possesses more glebes than one, and has been in the use of setting such as are most remote, they shall, in time coming, after the boundaries are accurately ascertained, only be let by a tack, in which the extent and marches shall be particularly set forth, and the same lodged with the resbytery clerk.-Act 8.

1802. Enjoined, That all the synods take care the presbyteries strictly obey the above Act 8, Ass. 1762, particularly respecting the extent and marches of glebes, and other emoluments, as expressed in that act.—Act 8.

STUDENTS OF DIVINITY.

1826. It is enacted, That, in future, all students of divinity shall give at least one year of regular attendance at the divinity hall; and that such year of regular attendance shall be the first, the second, or the third year of the course the present law regulating the attendance remaining in other respects without alteration.-Act 8, 27th May.

1827. The General Assembly enact and ordain, That, in all time coming, it shall be held and acted upon as a standing law of the church by all the presbyteries of this church, with respect to all students of divinity entering upon the said study, from and after this date, that previously to the enrolment of any student as a student of divinity, he shall be examined by the presbytery within the bounds of which he resides, upon literature, science, and philosophy, particularly upon Greek and Latin; that when students shall not give regular attendance at the divinity hall, excepting for one year of their course, they shall, during the currency of the fourth year of that course, be examined by their respective presbyteries upon their attainments in divinity, church history, Greek and Hebrew; and that, in both cases, they shall present to the professors of divinity under whom their studies are conducted, the certificates of examination granted by presbyteries. Act 7, 26th May.

1832. The General Assembly retransmit the following overture, and continue the same as an interim act :-It is hereby overtured, That it be enacted, with the consent of the presbyteries of this church, that students not resident within the bounds of the Church of Scotland, who have finished a course of philosophy in any of the universities of Scotland, may, previous to their enrolment as students of divinity, be examined by the presbytery with

« PreviousContinue »