judicial to agriculture, and both to masters and tenants, in respect that, during the dependence of such actions, the lands are neglected and deteriorated by the defender, and the heritor's security for his rent brought into danger; and tenants are discouraged from entering into tacks by the uncertainty of their attaining to possession, and by their finding the subject of their tack much deteriorated during the dependence of the process of removing against the preceding tenant: The Lords of Council and Session, resolving to remedy this great evil, do make the following regulations, viz.

I. That where a tenant is bound by his tack to remove without warning, at the issue or determination of his tack, it shall be lawful to the heritor, or other setter of the tack, upon such obligation, to obtain letters of horning, and thereupon to charge the tenant with horning forty days preceding the term of Whitsunday in the year in which his tack is to determine, or forty days preceding any other term of Whitsunday thereafter: And upon production of such tack, and horning duly executed, to the deputy-sheriff or steward, or their substitutes, of the shire or stewartry where the lands lie, they are hereby authorised and required, within six days after the term of removal appointed by the tack, to eject such tenant, and to deliver the possession void to the setter, or those having right from him.

II. Where the tenant hath not obliged himself to remove without warning, in such case it shall be lawful to the heritor, or other setter of the tack, in his option, either to use the order prescribed by the act of Parliament made in the year 1555, intituled, "Act anent the warning of tenants," and thereupon pursue a warning and ejection, or to bring his action of removing against the tenant before the judge ordinary And such action being called before the judge ordinary, at least forty days before the term of Whitsunday, shall be held as equal to a warning execute in terms of the foresaid act; and the judge shall thereupon proceed to

determine in the removing in the terms of that act, in the same manner as if a warning had been executed in terms of the foresaid act of Parliament.

III. Where a tack is assigned, and the assignation not intimated by an instrument, or where the lands are subset in whole or in part to subtenants, such horning, execute as aforesaid, or where process of removing and decreet is obtained, or where warning in terms of the act 1555 is used against the principal or original tacksman, the same shall be effectual against the assignees or subtenants, one or more; and the action of removing against the principal or original tacksman, and decreét of removing following thereon, shall be effectual against such assignees and subtenants as aforesaid, and shall be sufficient ground of ejecting them, any thing in the former practice to the contrary notwithstanding.

IV. Where a tenant hath irritated his tack, by suffering two years' rent to be in arrear, it shall be lawful to the setter or heritor to declare the irritancy before the judge ordinary, and to insist in a summar removing before him: And it shall be lawful to the sheriff or steward depute, or their substitutes, to find the irritancy incurred, and to decern in the removing, any practice to the contrary notwithstanding.

V. Where a tenant shall run in arrear of one full year's rent, or shall desert his possession and leave it unlaboured at the usual time of labouring, in these, or either of these cases, it shall be lawful to the heritor, or other setter of the lands, to bring his action against the tenant before the judge ordinary, who is hereby empowered and required to decern and ordain the tenant to find caution for the arrears, and for payment of the rent for the five crops following, or during the currency of the tack, if the tack is of shorter endurance than five years, within a certain time to be limited by the judge; and failing thereof, to decern the tenant summarily to remove, and to eject him in the same manner as if the

tack were determined, and the tenant had been legally warned in terms of the foresaid act 1555.

VI. The Lords hereby enact and declare, That no bill of advocation, or suspension of a decreet or process of removing, be passed otherwise than by three Lords in time of vacance, and by the whole Lords in presence in the time of Session: Provided always, That in vacation time, and where three Lords cannot easily be found, it shall be lawful to the Lord Ordinary on the Bills, upon such bills of suspension, to grant sists from time to time as he shall judge proper, to the end that the complainer may have access to present his bill of suspension to three Lords, or to the Court. And they hereby ordain, that upon passing such bill of advocation or suspension, or at least within ten days after the date of the deliverance thereon, the complainer shall be bound to find sufficient caution, not only for implement of what shall be decerned on the advocation or suspension, upon discussing thereof, but also for damage and expense, in case the same shall be found due: And upon the complainer's failing to find caution as aforesaid, such bill of advocation or suspension shall be held to be refused, and it shall be lawful for the other party to proceed in his action of removing, or in the execution of his decreet, as if no such bill of advocation or suspension had been presented or passed.

VII. The Lords do enact and declare, That in all removings, whether originally brought before this court, or by advocation or suspension, they will proceed and determine the same summarily, without abridging the course of any roll: And ordain this act of sederunt to be recorded in the books of sederunt, and printed and published in the usual form.

Bell on Leases, II. 51.-Erskine, II. 6. 45.

DECISIONS.

Urquhart, 24. May 1824, F. C.-Campbell, Dec. 1763,

Mor. 13867.-Macdonald, 25. Nov. 1825, S. & D. IV. 227.-Keith, 3. Dec. 1825, ib. IV. 267.-Blair, 18. Jan. 1826, ib. IV. 365.—Brodie, 7. Feb. 1777, Mor. App. No. 3. v. "Tack."-Duke of Queensberry, 7. July 1810, F. C.— Thomson, 13. Dec. 1813, F. C.-Brown, 27. Feb. 1822, Shaw, I. 359.-Heron, 28. June 1825, ib. IV. 118.-Earl of Eglinton, 24. Jan. 1771, Mor. p. 13886.-Campbell, 1. March 1793, ib. 13849.-Gordon, 25. Feb. 1783, ib. 13859.

REPRESENTATION IN HERITAGE. See APPARENT HEIRS, Vol. I. p. 50.

REPRESENTATION ON THE PASSIVE TITLES,

The passive title of vicious intromission is held to be incurred by those who assume possession of the moveable property of a person deceased, without confirmation.

This is fixed by the statute 1696, cap. 20, which is in the following terms:

Our Sovereign Lord, considering, That many times the nearest of kin and others doth intromet with the moveables of persons deceast, without confirmation, and embezzles the said moveables in defraud of lawful creditors; and when they come to be pursued at the instance of any of the creditors for being liable to the defunct's debt, as vitious intrometters, they ordinarily defend themselves with this pretence,

that there is an executor-creditor confirmed before the intenting of the action; whereas, a third party confirming executor-creditor in a particular subject ought not to free the intrometter from the passive title of vitious intromission, when the intrometter has no right from the executor-creditor: Therefore, for obviating such frauds in time coming, his Majesty, with advice and consent of the Estates of Parliament, statutes, ordains, and declares, That the nearest of kin, and others intrometters with the moveables of any defunct, who are not executors confirmed to them, nor have right from the executor-creditor before his intromission, are and shall be liable as vitious intrometters, notwithstanding that there is a third party confirmed executor in a particular debt or subject.

Act of Sederunt, 23. Feb. 1692.

Erskine, III. 9. 49.

DECISIONS.

Richan, 13. June 1752, Mor. 7682. Penman, 15. Dec. 1775, ib. 9836.-Wilson, 19. June 1772, ib. 9833.-Ritchie, 7. March 1795, ib. 9838.-Gardiner, 10. Dec. 1802, ib. 9840.-Scott, 25. May 1821.-Forbes, 12. June 1823. -Brown, 25. Feb. 1824.-Barbour, 19. Nov. 1824.Wallace, 21. Dec. 1826.

RIOT ACT.

The statute 1. of Geo. I. cap. 5, is in the following

terms:

Whereas of late many rebellious riots and tumults have