GEORGE II, tence, or Judgment, of fuch Circuit Court, in any of the Cafes aforefaid, fhall be final. 20, c. 43, APPEALS TO THE CIRCUIT COURT. Bond of caution. PROVIDED, That fo much of this Act as relates to Appeals in Civil Caufes to the Circuit Courts as aforefaid, fhall be in force for the space of Ten Years, to be com puted from the said Twenty-fifth Day of March, and to the End of the then next Seffion of Parliament, and no longer. PROVIDED always, That wherever fuch Appeal fhall be brought, fuch Complainer at the fame time he enters his Appeal as aforefaid, fhall lodge in the Hands of the Clerk of Court, from which the Appeal is taken, a Bond, with a fufficient Cautioner, for anfwering and abiding by the Judgment of the Circuit Court, and for paying the Cofts, if any fhall be by that Court awarded; and the Clerk of Court fhall be anfwerable for the Sufficiency of fuch Cautioner. PROVIDED always, and it is hereby enacted by the Authority aforefaid, That in cafe fuch Circuit Court fhall, in cognofcing or proceeding upon fuch Appeal, find any fuch Difficulty to arife, that by Means thereof fuch Circuit Court cannot proceed to the Determination of the fame, confiftently with Juftice and the Nature of the Cafe; in any fuch Cafe, and not otherwife, it shall and may be lawful to and for fuch Circuit Court to certify such Appeal, together with the Reasons of fuch Difficulty, and the Proceedings thereupon had before fuch Circuit Court, to the Court of Seffion, or Court of Jufticiary refpectively; which Courts are hereby respectively authorised and required to proceed in, and determine the fame. No. XVII. JAMES IV, Parl. 6, 1503, c. 98. That no Schireffe nor Officiar, diftreinzie or poind ony thing belangand to the Pleugh in time of Teilling. utenfils. ITEM, It is Statute and Ordained, That in time to cum na manner of Schireffe nor Officiar poynd nor diftreinzie Plough the Oxen, Horse, nor uther Gudes perteining to the Pleugh, and that labouris the Ground, the time of the labouring the famen, quhair ony uther Gudes or Lande ar to be Apprized or Poinded according to the Common Law. No. XVIII. 33 GEORGE III, Chap. 74. Commonly called the Bankrupt Act, fo far as relates to III. AND be it enacted by the Authority aforefaid, That when a Debtor is made Notour Bankrupt in Terms of the faid Act, made in the Year One thoufand fix hundred and ninety-fix, as now extended, all Arreftments which fhall have been used for attaching any Effects of such Bankrupt within Sixty Days prior to the Bankruptcy, or within Four Calendar Months thereafter, fhall be ranked pari pafu, in the fame manner as if fuch Arreftments had Pari paffu been of the fame Date; and that, in Time coming, Let- precreace ters or Precepts of Arrestment, bearing to be upon a de- ments, pending Action, may be granted fummarily, upon Produc of arreft 33, C. 74, BANK RUPT ACT. tion of the libelled Summons, and it shall be no Objection to the pari pau Preference hereby established, that the Summons upon which any Arrestment proceeds was not executed, or that the Debt upon which it is founded was not liquidated at the Date of the Arrestment: Providing always, that these and all other neceflary Steps are afterwards taken without any undue Delay; and in cafe the Firft or any fubfequent Arrefter fhall in the meantime have obtained a Decree of Forthcoming or Preference, and thereupon have recovered Payment, he fhall nevertheles be accountable for the Sum recovered to those who, by virtue of this Act, may be eventually found to have a pari paffu Preference thereon, and fhall be liable to an Action at their Inftance, for Payment to them proportion. ally, after allowing out of the Fund the Expence of making it effectual: and further providing, that if there be any Arreftments ufed for attaching the fame Effects after the Period of Four Months fubfequent to the Bankruptcy, such Arrestments fhall not compete with those used prior to the Period aforefaid, but may rank with one another according to the former Law and Practice. § IV. AND be it enacted by the Authority aforefaid, That an Arreftment executed at the Market Crofs of Edinburgh, and Pier and Shore of Leith, to attach the Effects of the Debtor, as in the Hands of a Perfon out of Scotland, ball not be held to have interpelled fuch Perfon from paying to the original Creditor, unless Proof be made that he, or Arreftment thofe having Authority to act for him, were previouly in crofs. the Knowledge of such Arrestment having been so used. at mercat Poinded roup. SV. AND be it enacted by the Authority aforefaid, That in future the Meffenger, or other Officer employed in executing a Poinding for Debt, fhall leave in the Hands of goods to be the Debtor a Schedule of the poinded Goods, and Note of fold by the appraised Values, (One Appraisement being in every Cafe fufficient,) and fhall forthwith report his Execution of Poinding to the Sheriff, or other Judge Ordinary, who shall give Directions for felling the Goods poinded by public Roup after fuch Publication, and at fuch Time and Place as Circumftances may require, any Perfon who intromits with or carries off the Goods in the meantime, in order to disappoint the Poinding, being liable in Double -BANK the appraised Value thereof; and the nett Sum arifing GEORGe ui from the Sale, after Deduction of all Charges, or the 33, c. 74, Goods, in cafe no Offerers appear, fhall be delivered over to the Poinding Creditor, a Note or Minute of the Tranfaction being kept by the Clerk, to be made patent to all concerned, for a Fee of One Shilling. RUPT ACT. VI. AND be it enacted by the Authority aforefaid, That when a Person has been rendered Notour Bankrupt as aforefaid, no Poinding of the Moveables belonging to fuch Pari pa preference Bankrupt used within Sixty Days before the Bankruptcy, of poindor within Four, Calendar Months thereafter, fhall give a ings. Preference to fuch Poinder, but that every other Creditor of the Bankrupt, having liquidated Grounds of Debt, or Decrees for Payment, and fummoning fuch Poinder before the faid Four Months are elapfed, fhall be entitled to a proportional Share of the Price of the Goods fo poinded. effeiring to his Debt, deducting always the Expence of fuch Poinding, together with Ten per Centum more on the faid Price or appraised Value, which the Poinder shall retain to Account of his Debt in Preference to the other Creditors, the faid Debt being thereby fo far diminished in the Competition with them: And providing alfo, that all Poindings after the Four Months fhall have fuch Preference as they were entitled to by former Law and Practice, faving always the Landlord's Right of Hypothec for Rents, or any other Hypothec known in Law, which fhall be nowife hurt or impaired by any Thing contained in this Act: And provided also, that in the Cafe of a Sequeftration under this Act, the pari passu Preference of Arrestments and Poindings fhall be regulated as herein after direЯed. Preamble. No. XIX. 1 GEORGE I, c. 5. An A& for Preventing Tumults and Riotous Assemblies, and for the more speedy and effectual Punishing the Rioters. §1. WHEREAS of late many Rebellious Riots and Tumults have been in divers Parts of this Kingdom, to the Difturbance of the Public Peace, and Endangering of His Majefties Perfon and Government, and the fame are yet continued and fomented by Perfons Difaffected to His Majefty, prefuming fo to do, for that the Punishments provided by the Laws now in being are not adequate to fuch Heinous Offences; and by fuch Rioters His Majesty and His Adminiftration have been moft Maliciously and Falfly traduced, with an Intent to raise Divifions, and to Alienate the Affections of the People from His Majefty: Therefore, for the Preventing and Suppreffing of fuch Riots and Tumults, and for the more fpeedy and effectual Punishing the Offenders therein, Be it Enacted by the Kings moft Excellent Majesty, by and with the Advice and Con fent of the Lords Spiritual and Temporal, and of the Commons in this prefent Parliament Affembled, and by the Authority of the fame, That if any Persons, to the Number of Twelve or more, being Unlawfully, Riotoufly, and Tumultoufly Affembled together, to the Disturbance of the Public Peace, at any time after the last Day of July, in the Year of our Lord One thousand seven hundred and fifteen, and being Required or Commanded by any one or more Juftice or Juftices of the Peace, or by Magiftrates the Sheriff of the County or his Under-Sheriff, or by the Mayor, Bailiff, or Bailiffs, or other Head Officer, or Juftice of the Peace of any City or Town-Corporate, where fuch Affembly fhall be, by Proclamation to be made in the Kings Name, in the Form herein after directed, to |