III. And be it enacted, That every such process of suspension, complaining of a decreet of the said court, in a matter of maritime jurisdiction, as well as all processes of reduction of such decreets, after the production shall have been satisfied, and avizandum made therewith to the Lords in common form, shall be deemed Inner-House processes, and the reasons, whether of suspension or reduction, shall be discussed in the most expeditious manner possible, in the course of the summar roll; and it shall be lawful to the court in either division, to remit any such process, whether of suspension or reduction, to the Judge of the said Court of Admiralty, with instructions in what manner to proceed further therein: Provided always, that no proceeding, whether in the form of suspension or reduction, shall be competent for bringing under review any decreet pronounced in absence by the Judge of the said court in maritime cases: it being reserved, nevertheless, to any party aggrieved by such decreet, to apply to the said Judge in competent form for review of the same.

IV. And whereas it is expedient to shorten the induciæ of summonses of reduction, raised for bringing under review of the Court of Session decreets pronounced by the Judge of the said court, in cases wherein the pursuer is desirous to bring his action of reduction without delay, Be it enacted, that it shall be competent and lawful to raise such summonses of reduction, with all usual and necessary conclusions, upon one diet of six days, whether the defender or defenders be within Scotland, or forth thereof: Provided always, that the pursuer or pursuers shall, within six days after the last step of proceeding in the Court of Admiralty, give notice, by a notarial instrument of intimation, to the agent in that court of the opposite party or parties, that such process or reduction is to be forthwith raised and provided also, that the summons shall contain a narrative of such intimation, and shall be passed under the signet within six days after the date of the intimation, and thereafter regularly executed against the defender or defenders without any undue delay.

V. And be it enacted, That the Clerk of the High Court of Admiralty shall discharge the duties of his office personally: Provided always, that the effect of this enactment shall be suspended until the death or resignation of the present Principal Clerk of the said High Court.

VI. And be it further enacted, that the duty of the office of Auditor of Accounts in the said High Court shall be performed by the Clerk of the Judge Admiral.

VII. And be it further enacted, That the Judge Admiral shall be, and is hereby, authorised and required forthwith to frame proper and suitable regulations for abridging the forms of extracts now in use in the various courts of admiralty, and also relative to the consignation, in one or other of the public banks, of all monies required to be consigned in consequence of any proceedings in any of the said courts, having regard to the forms for extracts prescribed by an act passed in the 50th year of the reign of his late Majesty, King Geo. III. entitled, An act for abridging the form of extracting decreets of the Court of Session in Scotland, and for the regulation of certain parts of the proceedings of that Court.

VIII. And be it enacted, That the said Judge shall be, and he is hereby authorised and required to frame a proper and suitable table of fees, including the fees of extract and consignation, for regulating and ascertaining the emoluments which shall be justly exigible by the Clerk of the High Court of Admiralty, in such manner as to make his total net emoluments amount as nearly as may be to £.600 per annum ; and also a proper and suitable table of fees for regulating and ascertaining the emoluments which shall be justly exigible by the deputy of the said principal clerk, until the death, resignation, or removal of his principal, when the fees of such deputy shall cease and determine; and also for regulating and ascertaining the emoluments which shall be justly exigible by the clerk of the said Judge of the High Court of Admiralty, &c.

IX. And be it enacted, That the said Judge shall also, and he is hereby required to frame a proper and suitable table of fees for regulating and ascertaining the emoluments which shall be justly exigible by the person acting as clerk to the Deputy Judge-Admiral of the Clyde, and by the clerks of inferior courts of Admiralty, and by the assessors of such courts, and procurators-fiscal, macers and other officers of such courts: Provided always, that in case any such clerk or other officer shall not be willing to accept of the fees specified in such table of fees, in lieu of those now received by him, the operation of such table of fees shall be suspended until the death, resignation or removal of such clerk or other officer.

X. Provided always, that every regulation and table of fees to be framed pursuant to this act shall be presented by the said Judge to the whole Lords of Council and Session, by whom the same shall be considered; and, after deliberation and conference, if necessary, with the said Judge, shall, with or without alteration, be adjusted and published as an Act of Sederunt of the Court of Session. And it shall be lawful to the said Lords to alter any such regulation and table of fees, by a new Act or Acts of Sederunt, from time to time thereafter, as they shall see cause: Provided further, that a copy of every such Act of Sederunt made pursuant to this act, together with the regulation and table of fees to which it refers, shall be transmitted by the President of the Court of Session to his Majesty's Secretary of State for the Home Department, who shall cause a copy of the same to be laid before each House of Parliament, at, or immediately after the commencement of the then next Session thereof: And, after the expiration of three calendar months after the first day of such Session, every such Act of Sederunt and regulation shall become in force: And thereafter, but not sooner, every such fee shall, according to the terms of such Act of Sederunt, be, and be deemed and taken to be a legal fee, and payable and receivable as such.

XI. And be it enacted, That all appointments and nominations to any office in any of the said Courts of Admiralty shall be made without receiving any price, gratuity, or valuable consideration of any kind, and shall be forthwith reported to the Judge of the said High Court.

XII. And be it enacted, That if the clerk of the High Court of Admiralty, or his Deputy, shall make application to the Barons of Exchequer in Scotland, and either of them shall make it appear that he has suffered, or will suffer pecuniary loss from the operation or effect of any of the aforesaid regulations, beyond the fees and other emoluments to be thereby allowed or reserved, due consideration being had of the circumstances of the case, the said Barons are hereby authorised and required to examine into such claims, and to decide whether any, and what compensation is due to either of the said clerks; and every order for compensation so made as aforesaid shall be laid before Parliament within three months after the commencement of the session next ensuing the making of the same: Provided always, that no such decision of the said Barons shall be final and conclusive, until three months after a copy of the order of such Barons for compensation shall have been laid before Parlia

ment.

XIII. And be it enacted, That any sum of compensation to be awarded under the authority of this act shall be paid and payable upon the orders of the said Barons, in such manner, and at such time or times as they shall direct, free and clear of all taxes and deductions whatsoever, out of the monies charged or made chargeable by several acts made in the 7th and 10th years of the reign of her late Majesty Queen Anne, with the fees, salaries and other charges allowed for keeping up the Courts of Session, Justiciary and Exchequer.

The salary of the Judge is fixed by the statute 46. of Geo. III. cap. 49.

Erskine, I. 3. 33.

There is an old act of Sederunt, 16. January 1554, relative to the jurisdiction of the Admiralty Court; but it has been of course superseded.

Mor. Dict. voce Jurisdiction, Division VI.

Magistrates of Rothsay v. Officers of State, 22. June 1820, Fac. Coll.

Bernard v. Connar, 11. June 1811, Fac. Coll.

ADULTERY.

Adultery is a violation of the marriage-vow of fidelity, committed by either of the spouses. In England, it is considered merely as a civil trespass, which subjects the guilty party to a claim of damages. But, in Scotland, it is regarded as a crime against society, requiring punishment for the sake of public example.

The criminal penalties are fixed by three statutes. The act 1551, cap. 20, is as follows:

Item, Anent persones that ar maried, and ar open, manifest, commoun and incorrigible adulterers, and will not desist and cease therefra, for feare of ony spirituall jurisdiction, or censures of halie kirk, to the greate perrell of their awin saules: Therefore it is statute and ordained, in this present Parliament, that all sik incorrigibill adulterers, after that the processe of halie kirk, sa far as the samin may extend to, be used upon them for their in-obedience and contemption, be denunced our Soveraine Ladies rebelles, and put to the horne, and all their moveable, &c. And swa na appellation interponed fra the said censures of halie kirk, to suspend the horning.