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1.
cxtil1&uifll~h:-.; b:1r~lr hy th.: Jl ~H"r':; rcti,i(j¿~ or c.lnecl .
Ilng thelll, the p'" !,,rl', b,~",~ .1 pro"r of the tenor is
adlllitll'll, muH Ct'ndc!!ccnu oni'uch ,l CtlfiU fllltlji'J/¡'IJ, or
Q~~ld~nt by 1I'111~:1 the writing was dcllroyed, 's Ihews it
\VdS lo!l when In the creditor 's porrdlion ; otherwifc bonds
that h,lve been caoccllcd by Ihe debtor 00 payOlent,
might be reared up as nlJl fub~Oing againOhim: !lut in
wrilings which rcquire coolraey deeds tO extinguilh Iheir
e!feét, as aOigoatlons, difpo~tions , chaners, &c. it is
fullicient 10 libel that Ihey were 1011, tVen cofu ftrlll ilO.
2) . Rcgularly, no deed can be re\'ive~ by litis aélion,
" ithom fome adminicle in wri tiog. refming lO that
which is libtlled; for no wrinen obligation ough'! to be
raifed up barely 00 the lenimooy of witnerres. If thtfe
adOlinicles aftord fufficieol cooviétion, Ihat the deed li·
beIJed did ooce exiO, Ihe tenor is admitted to be proved
by witnerres, who muO depofe, either that Ihey were pre
feot al flgoing the deed, or that thcy afterwards faw il
duly fubfcribed. Where the relative writings cootain aIJ
the fu bOanti. 1 daufes of that which is 100, the tenor is
fometiOles fuOai oed without witnffes. In a writiog which
i! libeIJed to have contained uncommon daufes, aH thefe
muO appear by the adminicle~. Aélioos of proving the
teoor are, 00 account of their imponance, appropriated
to the court of Seffion; and, by the old form, the tefij–
mony of the witneff,s could not be received, but io pre·
feoce of all thejudges.
24. The aétioo of double or multiplepoioding may be
alfo reckoncd declaratory. 11 is competent to a debtor,
...ho is difire/fed, or threalened with dillrefs, by 111'0 or
more perfons claiming right 10 the debt, aod who Ihere–
fore brings the feveral claimants into the neld, io order
to dtbate and fetde their feveral preferences, that fo he
maypay fe~urely to him whofe righl lhall be found prefe–
rabie. This aétion is daily purfuea by an arreOee, in
the cafe of feveral arrenmeots ufed io his hands for the
Jame debt ; ur by tenants in tbe cafe of feveral adjud–
ger!, aH of whom claim ri~ht to the fame rents. lo
thefe competitions, any of the competitors may bring an
aétion of mullÍple poinding in name of the tenants, or o·
ther debtors, without their confenl, or eveo though ¡hey
fhould difclaim Ihe procefs; flnee the law has introduced
it as Ihe proper remedy for getting fuch competitioos de–
termined: And while the fubjeét inconlroverfy continues
in medio, any Ihird perfon who conceives he has a righl
tOit, may, though ~. Otould 001 be cited as a defend–
er, produce his litlr as if he were an original party to
the fuit, and wiH f admitted for his inleldl in the como
pelilion.
25. Cenain aétions may be ealled acceffory, be.caufe
they are merely preparatory or fubf""ient to olher .ac–
tions. Thus. exhibitions od delib"ondum, at Ihe in·
Ilance of an heir.againtl the mditors or cufiodiers of his
ancenor's writings, are intended only to pa"e dte way for
future proceffcs. An aélion of transference is alfo of
this fOr!, "hereby an aétloo. during the pendency of
'Which the defender happens 10 -dIe, is craved \O be tranf–
ferrcd ag~infi his reprtlcnutive, in the r.tme cOlldition in
.... hich it tlood formerly. Upon the purfuer's dealh, his
heir may infln in the cdufe againn the .Idender, npon
l'roducing, either a rctoer or a confirmed lellantenl, ac·
,\ W.
f:4J1 di¡Jg 1': Ihl: rll~,jCl'l i~ hl'rjlilblc or morcar)I:. Tranr~
faclh l'!; hClll~ bm int:IJI.!I\tll fU ut!J::-rAfllons, Cdn be pro4
nonllc,'¡ by l!t.I{ Infa",r judgc ~IJnc bcfore whor.o IrlC
p"ncip~1 eanle d~l'cnded . bll!, IVhere rile reprefentali\'Cl
of Ihe dccc&J 111e in allolher I~rritury, il is Ih~ fuprem.
COUr! wlllch mutt transfa. Ouligations may be nolV re–
gillred funllnarilyafler Ihe creditor'! dcalh ; which b:.
fore \Vas not adntined, \Vithuut a feparale procefs of re.
ginwion, to whieh Ihe granter was neceffdrily 10 bemade
apdfty
26. A procefs of wakening is likewife acceffory. An
aétion is faId to Oeep, when it lies over, not infified in
for ayear, in which caf, ils effeét is fufpended; but e–
ven thenil m.y, al any timewilhin Ihe yem of preferip–
lion. be revived or wakened by. fummon!, in which the
purfuer recites the lafi tlep of Ihe procefs, and conclud~s
that it be again carried on as if it had not beeo dif–
continued. An a~lion Ihal O,nds upon any of the inner–
houfe rolls C. llnOI O<ep; nor ao aétion in which decree
is pronounced, becaule it has gOl its full eompletion :
Conlequently the decree may beextraéted afler the yur,
wilhom the neceffity of a. wakening. .
27 . An áélion of tranfumpI falls under the lame clafs.
11 is compelent 10 thofe, who have a partial interen in
writings that are not in lheir olVn 'cufiody, a~ainfi the
poffeffors thereof, for exhlbiling them, tha! Iheymaybe
tranfumed for their belioof. Though Ihe ordinary title
in Ihis procefs be an obligatioo by the defeoder 10 granl
tranfumpls 10 the purfuer, it is fuffieient if Ihe purfuer
can fhow that he has an inlereO in Ihe wriling!; but,
in this eafe, he mufi Iranfume Ihem on his own char–
ges. Aétions of Iranfumpt may be purfued before any
judge-ordlnary. Mter the writing! to be Iranfumed are
exhiblled, full duplieates are made out, coJlaled, and
flgned, by ooe of theclerks of court, which are called
tranfumpls, and are as e$ étual as an extratl from the
regiOer.
28. Aétiens proceeded aoeiently upon brieves iff.ing
from ,he chancery, direéted 10 the juOiciary or judge-or.
dinary, who tried Ihe matter by a jury, upon whofe ver·
diét judgment was pronounced: And tO Ihis d,y, we re–
tain cenainbrieves, as of inquefl , luce, ideolry, IUI,',)',
puombtllolion, and perhaps twO ,or three olhers: Ifu!
fummonfes were, imm<dialcly upon the in¡¡¡tution of the
College of l uOice, introduced inthe place of brieves. A
fummoos, when applied lO aétions purfued before the f~f­
fion, is a wril in Ihe King's name, iffuing from his fig–
net upon Ihe purfuer's complaint, ~uthori~ng meffengers
tO cite thedefender to appear before the COIlIt, and make
his defences ; with certification ir he fail 10 'ppear, that
decree will bepronounced againO him in terms of the cero
tification of Ihe fummons.
29. T he days indulged by law 10 a defender. belll'een
his cilation and appearanee, to prepare ror his d&nee,
are ealled indu(i~ I~~oltl. If he is within Ihe klngdom,
twenty one and flx days, for Ihe firll dnd fecond dlCIS
of appearance, mun be aJJowed him ~ur that purpof~ ;
and ir out uf il, lixly and r,fteen. DcknJcrs r~fiollnc in
Orkney nr Zed,nJ muO be ciled on fon)' J.)s. In C<r–
lalO fu ulmnnlcs which are rri\iled~lIl. dIe rnh ..i.( are
OtO n ncd: SpuilLi 5 Jod rje,'\iol\sp'o "eJon Lteen¿.Hs;
W¡)..I.'ün'J;'