The civil jurisdiction of the Sheriff Appeal Court was established on 1 January 2016. With civil appeals regulated by Act of Sederunt (Sheriff Appeal Court Rules) 2015, an Act of Sederunt made by the Court of Session on 21 October 2015, and which had come into force by 1 January 2016.
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The Faculty publishes detailed regulations as required by the Act of Sederunt, which lay out all of the requirements for prospective Advocates.
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An Act of Sederunt ( ; meaning a meeting or sitting of a court) is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval. Following Scottish devolution and the establishment of the Scottish Parliament, Acts of Sederunt are made as Scottish statutory instruments.
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The Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover. Rules for regulating civil procedure are decided upon by the Scottish Civil Justice Council before being presented to the Lords of Session for decision; the Lords of Session may approve, amend or reject the rules so presented. An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to the Faculty of Advocates to regulate admission to practice as an advocate before the Court of Session and the High Court of Justiciary; advocates are notionally officers of the court, and are de jure appointed by the court.
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The process for regulating these tribunals and the process of investigation is regulated by acts of sederunt. Once removed from office a justice of the peace cannot be reappointed.
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Civil procedure in Scotland is regulated by the Court of Session through Acts of Sederunt, which are subordinate legislation and take legal force as Scottish statutory instruments. The power to enact Acts of Sederunt is granted by the Courts Reform (Scotland) Act 2014 and the Tribunals (Scotland) Act 2014, which replaced powers regulated by the Court of Session Act 1988 and the Sheriff Courts (Scotland) Act 1971. These are generally incorporated into the Rules of Court, which are published by the Scottish Courts and Tribunals Service and form the basis for Scots civil procedure. Acts of Sederunt regulate civil procedure in the Court of Session, the sheriff courts of Scotland (including the Sheriff Appeal Court and Sheriff Personal Injury Court), and in the tribunals of Scotland.
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The Court of Session Act 1988 was another consolidating Act, now with sections relating to Acts of Sederunt largely repealed or modified by the Courts Reform (Scotland) Act 2014, that also altered the structure of the Court of Session. The remaining powers to make Acts of Sederunt relate to summary trials—although the actual power is now derived from the Courts Reform (Scotland) Act 2014—and the considering of applications to appeal to the Inner House by a single judge.
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The powers of the Court of Session to make Acts of Sederunt were partially consolidated by the Administration of Justice (Scotland) Act 1933, which also made significant changes to the structure and operations of the Court. One of these significant changes was the establishing of a Rules Council, composed of the Lord President as well as Court of Session judges and practising lawyers, to propose Acts of Sederunt to the Court. The Act also created a Sheriff Court Rules Council, to carry out the same functions but in relation to the sheriff courts.
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The Court of Session's power to create Acts of Sederunt was extended by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to include the power to regulate the practice and procedure of public inquiries and fatal accident inquiries.
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Within 14 days of the seizure of the monies, the court officer must send a Report of money attachment to the Sheriff Court.Bankruptcy and Diligence etc. (Scotland) Act 2007 s.182 This must be in a manner stipulated by an Act of Sederunt.
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The King granted Robert exemption from any legal actions during their absence. Robert, wrote James, was 'of gret age, febill, and waik in persoune.'Acts of Sederunt of the Lords of Council and Session, Edinburgh, (1811), pp. 28–9 Robert Barton died in 1540.
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The lawyer acting for Isobel as her 'procurator' was Hugh Rig of Carberry, whose wife, Janet Hoppar, was Isobel's niece.Acts of Sederunt of the Lords of Council and Session (Edinburgh, 1811), p. 36: William Stanford Reid, Skipper from Leith: the history of Robert Barton of Over Barnton (Pennsylvania, 1962), pp. 261-2.
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The former include the three-part conductus Salvator hodie. The latter is placed in the Mass for the Circumcision in a 13th century French manuscript. Of these, the best known works are his Viderunt omnes and Sederunt principes. These have been described as representing the peak of musical development of the time.
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On 25 February 1537, James V of Scotland ordered the Court of Session to admit William to sit in daily at their proceedings to learn their legal practices.Acts of Sederunt of the Lords of Council and Session, (Edinburgh, 1811), pp. 33-4. He became a Senator of the College of Justice.Lyall (1985), pp. x-xvii.
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Solicitors have rights of audience before the sheriff courts and justice of the peace courts. Admission to practice as an advocate, having rights of audience before the Court of Session and the High Court of Justiciary, is regulated by the Faculty of Advocates. The Faculty of Advocates exercises this authority under the Act of Sederunt (Regulation of Advocates) 2011, which delegates the responsibility from the Court of Session. An Act of Sederunt is a form of subordinate legislation passed by the Court of Session, and the powers to regulate admission to practice as an advocate is set by Section 120 of the Legal Services (Scotland) Act 2010, which states: Prospective advocates (called devils or intrants) will complete a period of training in a solicitor's office, a period of devilling, and then must pass an assessment under the Faculty's Scheme of Assessment for Devils.
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The judiciary of Scotland, except the Lord Lyon King of Arms, are united under the leadership and authority of the Lord President and Lord Justice General, who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act 2014, to regulate civil procedure through passing subordinate legislation knows as Acts of Sederunt, and the High Court of Justiciary has the authority to regulate criminal procedure through passing Acts of Adjournal. Both Acts of Sederunt and Acts of Adjournal have the capacity to amend primary legislation where it deals with civil or criminal procedure respectively. The majority of criminal and civil justice in Scotland is handled by the local sheriff courts, which are arranged into six sheriffdoms led by a sheriff principal.
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In exercising these powers, the Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover. Note, however, that the power to regulate admission into the Faculty of Advocates is effectively delegated from the Court of Session to the Faculty, as the Court legislated to require that those seeking admission meet criteria set out by the Faculty.
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The Sheriff Courts (Scotland) Act 1971 enabled the Court of Session to regulate the sheriff courts and Sheriff Appeal Court when they heard civil matters. The Act also dissolved the Sheriff Court Rules Council created by the Administration of Justice (Scotland) Act 1933, and created a new Sheriff Court Rules Council to continually review sheriff court procedure and submit to the Court of Session draft Acts of Sederunt for regulating sheriff courts.
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Chapter 43 rules, first implemented by Act of Sederunt of the Court of Session in 2003, sought to bring about swift resolution through negotiation of cases by allowing for pre-proof discussions with all the relevant details. It was noted by the Scottish Courts and Tribunals Service that 95% of personal injury claims in the Court of Session were settled before proof. As such, these rules were extended to the new Personal Injury Court.
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Part of the Mitchell's Archive - Sederunt Volume 1 Mitchell gave by Deed of Mortification dated 25 May 1801, the sum of £5500 consolidated 3% Government annuities for the purpose.Consols or consolidated annuities are perpetual bonds issued by the Government that bring a defined rate of return in perpetuity. The UK Government first issued the 3% consols in 1757. Of the total sum the interest on £500 was to be allocated to repairs to the building.
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The rules for the Sheriff Appeals Court are contained in Chapter 19 of the Criminal Procedures Rules 1996 (for criminal appeals) and the Sheriff Appeal Court Rules (Civil) (for civil appeals). The rules for criminal appeals were instituted by the High Court of Justiciary by Act of Adjournal which came into force on 22 September 2015, and the civil rules were instituted by the Court of Session through Act of Sederunt that came into force on 1 January 2016.
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Graduals were among the parts of the Mass most frequently composed as organa, including both the St. Martial School and the Notre Dame School. Ordinarily the parts that were sung by the soloist (the beginning of the respond and the verse) are the only parts so set, while the choral parts continued to be performed in plainsong. In 1198, Odo de Sully, Bishop of Paris, authorized polyphonic performances of Graduals, including Pérotin's famous four-part organa, Sederunt principes for St. Stephen's Day and Viderunt omnes for Christmas.
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A statutory instrument made by the Scottish Government is called a Scottish Statutory Instrument (or SSI). Each of these is separately numbered, with the numbering resuming from "No. 1" at the start of each calendar year; thus the Radioactive Substances Exemption (Scotland) Order 2011 is cited as "SSI 2011 No. 147", or more simply as SSI 2011/147. Acts of Sederunt made by the Court of Session or Acts of Adjournal made by the High Court of Justiciary are numbered as Scottish Statutory Instruments.
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All cases heard at proof by the Personal Injury Court are heard under ordinary cause rules as defined by the Personal Injury Act of Sederunt of 2009 (as amended). Ordinary cause procedures are more complex than small claims or summary cause, and as such a solicitor will likely be required as legal documents will need to be drafted. A person can represent themselves as a litigant in person but many organisations including Shelter Scotland advise against it. Use of a lay representative is not permitted.
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The Lands Valuation Appeal Court is a Scottish civil court, composed of three Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879. It hears cases where the decision of a local Valuation Appeal Committee is disputed. The Senators who make up the Lands Valuation Appeal Court was specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Lord Carloway (Lord President) and Lady Dorrian (Lord Justice Clerk) as members with a further four Senators specified.
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Although they probably died at least fifty years earlier, he described them as still famous and part of the living tradition. Anonymous IV mentions Léonin and Pérotin as the best composers of organum and discant respectively. He also mentions specific compositions as being by Pérotin (or Perotinus), including the four-part organa quadrupla Viderunt and Sederunt. Anonymous IV also mentions the work of the theorist Franco of Cologne, and gives descriptions of organum, discantus, rhythmic modes, rules for use of consonance and dissonance, notation, and genres of composition.
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The Lands Valuation Appeal Court is a Scottish civil court, composed of 3 Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879. It hears cases where the decision of a local Valuation Appeal Committee is disputed. The Senators who make up the Lands Valuation Appeal Court was specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Lord Carloway (Lord President) and Lady Dorrian (Lord Justice Clerk) as members with a further four Senators specified.
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A bare fifth, open fifth or empty fifth is a chord containing only a perfect fifth with no third. The closing chords of Pérotin's Viderunt Omnes and Sederunt Principes, Guillaume de Machaut's Messe de Nostre Dame, the Kyrie in Mozart's Requiem, and the first movement of Bruckner's Ninth Symphony are all examples of pieces ending on an open fifth. These chords are common in Medieval music, sacred harp singing, and throughout rock music. In hard rock, metal, and punk music, overdriven or distorted electric guitar can make thirds sound muddy while the bare fifths remain crisp.
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Lord Byron The papers of Charles Elliot are technically an archive all of their own and are split into three sections: the letter books of Elliot; his ledgers; and the 'Sederunt book of the Trustees approved by Charles Elliot Bookseller in Edinburgh.' – which have then been sorted into smaller series of their own. The first section, Elliot's letter books, are organised into eight series by date in chronological order. They contain copies of all lasting correspondence between Elliot and various authors, publishers, booksellers, and editors, covering most of the years Elliot was in business with the exception of his first three years.
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A sheriff officer is an officer of the Scottish sheriff court, responsible for serving documents and enforcing court orders. The jurisdiction of a sheriff officer is limited to the area of their commission (the relevant sheriffdom or Sheriff Court district), unlike messengers-at-arms (the equivalent officers of the Court of Session, who have jurisdiction throughout Scotland). Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt.Act of Sederunt (Fees of Sheriff Officers) 2004 : Sheriff officers have been under the control of the local Sheriff for centuries.
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In the official seating list at the Council of Lyons, the order was: In sedibus aliis a latere dextra pontificis sederunt domini Joannes Portuensis et sanctae Rufinae, Petrus Tusculanus, Vicedominus Praenestinus, frater Bonaventura Albanensis, frater Petrus Ostiensis et Velletrensis, Bertrandus Sabinensis, episcopi cardinals (J. D. Mansi (editor), Sacrorum Consiliorum nova et amplissima collectio 24 (Venetiis 1780), p. 62). Again, Pedro Juliani has precedence over Vicedomino—a situation which persists until Pedro Juliani was elected Pope on 8 September 1276, two days after the death of Vicedomino. Moreover, neither the title nor the office of "Dean of the Sacred College" existed at the time, or for centuries to come.
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The Court of Session Rules Council and Sheriff Court Rules Council were dissolved by the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, which established the Scottish Civil Justice Council as their replacement. Originally, the Council's only function in relation to Acts of Sederunt was to prepare draft civil procedure rules for the Court of Session and sheriff courts, but this was expanded by the Courts Reform (Scotland) Act 2014 to include preparing draft procedural rules for the Sheriff Appeal Court and draft fees rules, and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to include draft inquiry procedure rules.
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On or about 19 November 1800 the Principal of King's College Old Aberdeen, Dr. Roderick MacLeod, received a communication that ".. an unknown gentleman had an intention of founding and endowing an Hospital for the maintenance of 10 old women of this city ..…". This brief entry, in the records of Mitchell's Hospital Old Aberdeen, records the creation the "Auld Maids Hospital".Volume 1, Sederunt Book, Mitchell's Hospital Archives While David Mitchell was ".. an unknown gentleman.." the proposal was warmly received. The College contacted the Merchant Society, the Magistrates and the Trades Council to seek support for "… founding and endowing an Hospital for the maintenance of ten old women of this city ..…".
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Rebuked by Pierre de Capuano, the papal legate of the time, the bishop sought to reform the rituals around the Christmas season, forbidding the boistrous costumed performances that existed at the time, in particular, the Feast of Fools. His preference was for elaborate music in its stead, calling for performance in organa triplo vel quadruplo for the Responsory and Benedicamus and other settings. The bishop's edicts are quite specific, and suggest that Pérotin's organum quadruplum Viderunt omnes was written for Christmas 1198, and his other organum quadruplum Sederunt Principes was composed for Saint Stephen's Day 1199, for the dedication of a new wing of the Notre Dame Cathedral.
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Introduction (to Tales of the Crusaders): 'Minutes of sederunt of a general meeting of the share-holders designing to form a joint-stock company, united for the purpose of writing and publishing the class of works called the Waverley Novels'. Volume One Ch. 1: The Welsh prince Guenwyn plans to marry Eveline, daughter of his old Norman rival Raymond Beranger, and begins proceedings to divorce his wife Brengwain. Ch. 2: Guenwyn receives a letter from Raymond rejecting his proposal, and turns his thought to war. Ch. 3: As the Welsh forces advance on the Garde Douloureuse, Raymond tells his squire Morolt and Wilkin Flammock that he has vowed to afford Guenwyn a fair field.
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As with other secondary legislation, an Act of Sederunt can only make law within the scope set out by an enabling act—an item of primary legislation from which power to make secondary legislation is derived. Most powers of the Court of Session were consolidated into the Courts Reform (Scotland) Act 2014, but other powers continue to be provided by the Public Records (Scotland) Act 1937, the Court of Session Act 1988, the Judiciary and Courts (Scotland) Act 2008, the Legal Services (Scotland) Act 2010, the Tribunals (Scotland) Act 2014, the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, and others. A non-exhaustive summary of these powers is provided below.
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Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of the country's civil courts, namely the Court of Session and sheriff courts. Civil procedure is regulated by Acts of Sederunt which are ordinances passed by the Court of Session. Rules for the functioning of the Court of Session were decided upon by the Court of Session Rules Council, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988 and those for the Sheriff Court were agreed on by the Sheriff Court Rules Council, which is the body responsible for reviewing the Sheriff Court civil procedure under review.
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Mommsen), p. 164: Hic fecit constitutum in ecclesia beati Petri, in quo sederunt episcopi LXXII, presbiteri Romani XXXIII, diaconi et clerus omnis, sub anathemate, ut nullus pontificem viventem aut episcopum civitatis suae praesumat loqui aut partes sibi facere nisi tertio die depositionis eius adunato clero et filiis ecclesiae, tunc electio fiat, et quis quem voluerit habebit licentiam eligendi sibi sacerdotem. Cardinal Ugo's intervention was contrary to the Constitution of Nicholas II, which affirmed the exclusive right to name candidates to the Cardinal Bishops; finally, the requirement of Pope Nicholas II that the Holy Roman Emperor be consulted in the matter was ignored.The Annales of Lambertus of Hersfeld, in Monumenta Germaniae Historica Scriptorum 5 (1844), p.
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"The whole power, authority, and jurisdiction at present belonging to the Court of Exchequer in Scotland, as at present constituted, shall be transferred to and vested in the Court of Session, and the Court of Session shall be also the Court of Exchequer in Scotland": Section 3, Exchequer causes - "One of the judges of the Court who usually sits as a Lord Ordinary shall be appointed by the Court by act of sederunt to act as Lord Ordinary in exchequer causes, and no other judge shall so act unless and until such judge is appointed in his place": Chapter 48 - Exchequer causes: Final (and some important procedural) judgments of the Outer House may be appealed to the Inner House. Other judgments may be so appealed with leave.
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Legal firm's nameplate, Dundee, Scotland A messenger-at-arms is an officer of the Scottish Court of Session, responsible for serving documents and enforcing court orders throughout Scotland. Messengers-at-arms must have a commission as a sheriff officer although, unlike sheriff officers, the jurisdiction of a messenger-at-arms is not limited to the area for which they have a commission.Messengers-at-Arms and Sheriff Officers: Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt.Service by messenger-at-arms: Act of Sederunt (Fees of Messengers-at-Arms) 2004 : Originally known as an "Officer of the King", the office of messenger-at-arms dates back several hundred years.
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Louis VII was succeeded by his son Philip II in 1179 and his reign was marked by integration and revision of the cultural shifts that had transpired under his father. It was during this time that the compositions of Pérotin first appeared, and a shift towards a more predominant discantus style. Pérotin is best known for his composition of both liturgical organa and non-liturgical conducti in which the voices move note on note. He pioneered the styles of organum triplum and organum quadruplum (three and four-part polyphony) and his Viderunt omnes and Sederunt principes, Graduals for Christmas and the feast of St Stephen's Day (December 26) respectively are among only a few organa quadrupla known, early polyphony having been restricted to two-part compositions.
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The Courts Act 1672 (originally Act concerning the regulation of the judicatories) created the High Court of Justiciary by attaching five Lords of Session to the Lord Justice General and Lord Justice Clerk. The Act provided that "the judges of that court [...] regulate the inferior officers thereof, and order every other thing concerning the said court," a provision which remains in force and which created the distinction between Acts of Adjournal and Acts of Sederunt. In the 19th century, a reforming of the High Court of Justiciary made all Lords of Session ex officio Lords Commissioners of Justiciary. That reformation, while now repealed, is replicated by the Criminal Procedure (Scotland) Act 1995, which further provides that the Lord President of the Court of Session is to hold the office of Lord Justice General.
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The Court of Session (the supreme civil court of Scotland) makes Acts of Sederunt to regulate its proceedings, the proceedings of tribunals, and the proceedings of Scotland's sheriff courts when they hear civil matters, including the Sheriff Appeal Court. The majority of the current power of the Court of Session to regulate is derived from the Courts Reform (Scotland) Act 2014, although some other Acts do also empower the Court. The original power of the Court of Session to regulate stems from the College of Justice Act 1540, which provided the court with the "power to make such acts, statutes and ordinance as they shall think expedient for ordering of processes and the hasty expedition of justice." Prior to this, following the 1532 establishment of the Court, the power to regulate was held by the Parliament of Scotland.
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Anonymous IV mentions a number of compositions which he attributes to Pérotin, including the four-voice Viderunt omnes and Sederunt principes, and the three-voice Alleluia "Posui adiutorium" and Alleluia "Nativitas". Johannes de Garlandia states that the Magnus Liber commences with Perotin's four-part organa, and makes specific reference to the notation in the three-part Alleluya, Posui adiutorium. Other works are attributed to him by later scholars, such as Heinrich Husmann, on stylistic grounds, all in the organum style, as well as the two-voice Dum sigillum summi Patris and the monophonic Beata viscera in the conductus style. (The conductus sets a rhymed Latin poem called a sequence to a repeated melody, much like a contemporary hymn.) By tradition, the four-part pieces of the Notre Dame school have been attributed to Pérotin, leaving the two-part pieces to Léonin.
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The day after his admission he presented a letter from the king, to be recorded in the books of sederunt, intimating the king's pardon for his connection with the act of billeting. On 1 October 1681, he was appointed Lord Clerk Register, and on 11 November following was again admitted one of the ordinary lords of session. On the fall of Lauderdale in 1682, Tarbat succeeded to the position of chief minister of the king in Scotland, and retained this position till the revolution. Shortly after the accession of James II, he was on 15 Feb. 168S created Viscount of Tarbat and Lord Macleod and Castlehaven in the peerage of Scotland to him and heirs male of his body. At the revolution Tarbat, so soon as he discerned that the cause of James was lost, resolved if possible to secure his own safety and his continuance in power.
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Imprisonment for the non-payment of debt was competent at Scots common law, but the effect of imprisonment for such stood in marked contrast to the position in England even after the execution of the Treaty of Union in 1707. As Viscount Dunedin observed in 1919, it was 'in direct contradistinction to the view of the law in England, that imprisonment was in no sense a satisfaction of the debt';Caldwell v Hamilton 1919 S.C. (H.L.) 100, at 107 the purpose for imprisonment for debt was not to discharge the obligation to pay, but rather to act as a compulsitor to force the debtor into revealing any hidden assets. The Scots law allowing the imprisonment of debtors was grounded in large part by an Act of Sederunt of 23 November 1613, which introduced the process of 'horning' whereby the creditor would demand the payment of the debt by a certain date.
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The Courts Act 1672 (originally Act concerning the regulation of the judicatories) created the High Court of Justiciary, the supreme criminal court of Scotland, by attaching five of the Lords of Session to the Lord Justice General and Lord Justice Clerk. The Courts Act also provided that "the judges of that court [...] regulate the inferior officers thereof, and order every other thing concerning the said court," and so created the distinction between Acts of Sederunt and Acts of Adjournal which continues to exist to this day. Following a 19th-century reforming of the High Court of Justiciary, all Lords of Session were ex officio Lords Commissioners of Justiciary, instead of the original five ordained by the Courts Act. Although that reformation was repealed, its effect was replicated by the Criminal Procedure (Scotland) Act 1995, which provided that the Lord President of the Court of Session was also to hold the office of Lord Justice General.
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