payment of such expenses as the Court thinks reasonable.(y) If, however, they do not appear till decree of preference has been or is about to be pronounced, they may not be admitted, and their only mode of protecting their interests will be by declarator.(z) The liberty of appearing late, however, does not entitle a party to re-appear who has appeared and lodged a claim but has neglected to go on with it. Such a party would be in the position of a defender who has lodged defences in an ordinary action; and he would be held bound by any decision pronounced in the case, subject to the discretion of the Court to repone him against it, in the same way as a defender in an ordinary action might be reponed against a decree by default.

Section XX.-POINDING OF THE GROUND.

Poinding of the ground is a diligence, or action of execution, by which a creditor whose debt is heritably secured attaches the effects on the heritage, so as to make them available in payment of principal or interest, or arrears of interest. The debt may be such a debt as is due by a feuar to his superior for feu-duties or casualties, or as is contained in an ordinary heritable bond. But, though the debt must be heritable, the immediate creditor's title to it need not itself be heritably completed; his title may be only personal, as that of an assignee to an heritable bond, or that of an executor to arrears of interest or feu-duties. The creditor must not be in actual legal possession of the heritage, because in that case he would be in the same position as if he

(y) Jaffe v. Carruther, 3 March 1860, 22 D. 936.

(2) Morgan v. Morris, 11 March 1856, 18 D. 797.

were proprietor, and would have to proceed against the tenants by the action of maills and duties; and, in regard to moveables left on the ground by the debtor whom he has put out of possession, it would seem that they are secured to him without further diligence. By poinding the ground, goods of tenants are secured only to the extent of rents unpaid by them. (a)

The summons concludes for warrant (1) to poind the goods or other moveables on the ground, under the restriction that goods of tenants or occupants shall not be taken to the value of more than the rent or other prestations due by them; and (2) to apprise the ground right and property to the value of the remainder, to the effect of extinguishing the right of the debtor or vassal, but redeemably. (b) The title of the pursuer is set forth, and the defenders called are the proprietor and the tenants or occupants of the land. When the action is defended a record is made up in the usual way; but if the pursuer's right is ex facie good, the Sheriff cannot entertain objections to it founded on questions of heritable title.(c) On decree being pronounced, the extract is a sufficient warrant to poind, without other precept or authority, and no charge is requisite. (d) The poinding in other respects proceeds in the usual way.

(a) Campbell's Trs. v. Paul, 13 Jan. 1835, 13 S. 237; and Brown v. Scott, 21 Dec. 1859, 22 D. 273.

(b) 1 Bell's Com. (5th ed.), p. 683.

(c) Ailsa v. Jeffray, 15 Feb. 1859, 21 D. 492. Lord Deas' opinion in

this case will be found to contain a valuable exposition of the law as it at present stands.

(d) Kennedy v. Buik, 17 Feb. 1852, 14 D. 513. Lord Medwyn's opinion contains a full exposition of the mode of enforcing the decree.

Section XXI.-PROCEEDINGS UNDER THE POOR LAW ACT.

Under section 73 of the "Act for the Amendment of the Laws relating to the Relief of the Poor,"(e) paupers who have been improperly refused relief may apply to the Sheriff for redress. The proceedings in such applications are regulated by Act of Sederunt. (g) The application may be made without the intervention of an agent, and either verbally or in writing. If the Sheriff is of opinion, upon the facts stated by the applicant, that he or she is not entitled to relief, a deliverance to that effect is pronounced; and against this deliverance there is the usual right of appeal. If the Sheriff, however, on those facts thinks the applicant entitled to relief, he makes an order directing the proper relieving officer to afford interim relief until, on or before a day fixed, reasons for the refusal are lodged. This interim order must be intimated by the Sheriff-Clerk; and if the reasons are not lodged it is made permanent. Where reasons are lodged, the Sheriff (if required) nominates an agent for the applicant, and (if necessary) directs a record to be made up and proof to be led, and then pronounces judgment in common form, either finding the applicant entitled to relief, and ordaining the respondent to determine the amount, or finding that the applicant is not entitled to relief. The Sheriff determines only as to the pauper's right to be relieved; the question of the amount to be given is for the parochial authorities under the review of the General Board of Supervision. The interim order may be continued till final judgment, or discontinued, at the Sheriff's discretion. The

(e) 8 and 9 Vict. c. 83, ? 73.

(g) A. S. 12 Feb. 1846.

causes are conducted on the same footing as if the poor person had been admitted to sue in forma pauperis.

1. Nature of Proceedings.-Removing is the process by which a tenant whose right to occupy heritable subjects has come to an end is warned to remove (so as to prevent the effect of the law of tacit relocation), and is ejected if he fail to attend to the warning. An ejection is the process by which a person who has no kind of right to occupy or remain longer in an heritable subject is ejected from it.

Removings are either ordinary or extraordinary,— "solemn" or summary. An ordinary removing is at the natural termination of the tenant's rights, on the expiry of the time for which the subject was let; an extraordinary removing is when the tenant's right is interrupted during the currency of the lease by a legal or conventional irritancy. A solemn removing is one in which a summons of removing on forty days' warning is required. All removings in which less formal proceedings are required are called summary, and they are of three kinds-(1) where verbal warning is enough;

(2) removings under the Act of 1838, (h) for houses occupied for less than a year; and (3) under the Act of 1853, for cases where the tenant has signed an express or implied obligation to remove. These do not exhaust all the kinds of removings which are competent, but they will be found to be sufficient to meet all emergencies that can well arise.

SOLEMN REMOVINGS.

2. Ordinary Removings (Agricultural Subjects).-The power of removing from lands let for agricultural purposes is regulated by an Act of Sederunt passed in 1756. The landlord must raise a summons of removing in such time as to leave an interval of at least forty days between the date of execution and the term of removal.(i) The summons is in the form provided by the Act of 1853, but must specially found on the Act of Sederunt. (k) It sets forth the titles of the pursuer and defender, or defenders. Sub-tenants need not be called unless the tenant have power to sub-let, or the landlord have recognised them. The conclusions are, that the defender be decerned to remove at the term under pain of ejection, and that, in case of opposing the summons, he be found liable in expenses. Sometimes expenses are also asked in the case of the defender not removing in terms of the decree. The summons is served on an induciæ of six

days.

(h) 1 and 2 Vict. c. 119.

(i) A. S. 14 Dec. 1756, ? 2 (Alexander's Acts of Sederunt, first series, p. 76), amended by 16 and 17 Vict. c. 80, 29. If there are two terms, one for land and the other for houses, the execution must be timed

for the term which comes first. Formerly the time ran from the calling.

(k) Carruthers v. Stormont, 4 July 1764, M. 13,868. It need not libel the Act of 1853; Granger v. Geils, 16 July 1857, 19 D. 1010.