Draught of an ACT for regulating Agents OUR Sovereign Lord considering the many and great abuses which have crept in, in the managing of Pr●●eses before the Lords of Session by mean & inconsiderable persons, who have assumed to themselves the name of Agents to the great prejudice of the Liedges both by reason of their want of probity and their little Knowledge and Experience in such Affairs, whereby many people have been extremely prejudged, and some utterly ruined; and also to the discouragement of many good men, who by their Education & Experience have attained to sufficient knowledge in that matter, and are of known Integrity: Doth therefore with advice and consent of the Estates of Parliament, Statute, Enact and Declare, that for hereafter no person shall be allowed to manage or agent any Process before the Lords of Session, except such as shall be named by the faculty of Advocats or offer themselves to be named, & thereafter particularly approven of & recaved by the saids Lords, which Agents so approven & received by them, shall have the only power and Liberty of agenting exclusive of all others, but prejudice of the privilege due to Advocats and their first Servants as formerly; As also to parties to Agent in their own proceses, and but prejudice to the Lords of Session and Faculty of Advocats to licence such to Agent particular Proceses, whom for design of studying the Law to be Advocats and interest in the parties, the said's Lords and Faculty of Advocats shall think fit: And farther the saids Agents so approven and received as said is, are hereby declared to have right to and enjoy the Privileges of the members of the College of Justice: As also are allowed to meet among themselves for this effect allannerly that they may represent to the Lords of Session any abuse they may find to be committed in the said Office by their own Members or the Encroachments of others who shall assume that Employment at their own hand: As also to provide a Stock-purse for supplying of their decayed Members or their Relics and Children who may fall in Poverty, and that by voluntar Contribution, Legacy, Donation or such other Method as the Law allows. Follows the Reasons for passing of the foresaid Act. 1. AS this employment is found necessary by the Experience of all Nations that have regular Business; under the name of Procurators in several places Abroad, and of Attorneys in England; So the same is of great Importance, and consequently to be trusted only in good hands. For, Agents come to have the Trust not only of their employers Writes, but likewise, in many cases, those of others: The Client's Secrets are deposited in their Breasts, and the fair, and successful, and Expeditious, carrying on of Proceses depends mainly, in the first place, upon their being right founded at the beginning after a full knowledge of the matter of fact and Writes; and in the next place on the careful attendance of Diets with the Lords, Advocats, Clerks, Writers, etc. Both which depends upon the Understanding and Vigilence of the Agent; who is to expiscat the whole Circumstanses of the Affair by advice of Advocats (who can only answer on what is represented) before the Liedges be troubled with the Expense of any Action; and the exact information there anent, and precise observance of Diets in processes, would prevent the scandal of calumnious Alledgeances, the trouble of the Lords in frequent Callings, the prejudice of the Clients by long dependences, and the discredit to Advocats arising from Miscarriages in Processes, which, though commonly imputed to them (there names only being insert therein) yet are truly ascrivable mostly to the ignorance or unfaithfulness of the Agent. And it's known how much the making a narrative of the state and Circumstances of Proceses from time to time progressively by way of Journal; and considering the Seasons of proceeding in the Business; would clear the affair both to the Lords and Advocats. The want whereof has been one great occasion of much Confusion, Miscarriage of men's Rights, and delays; But as the blame of it will betaken off of the Advocats when Agents are only a select Number of such as are admitted in manner mentioned in the Act: So this Regulation will prevent the abuse, which is agreeable to the Constitution of the Nation wherein other Employments of far less import, cannot be taken up at any persons own hand; But are under a Regulation as to admission thereto & behaviour therein; Which cannot but be well provided for, in the present case, when Agents are to be named by the Advocats and admitted by the Lords. 2. Hence this will be the interest of the whole lieges, since 1. There have been many Writes of the greatest Importance lost, not only by the carelessness and unfaithfulness of Manadgers: But likewise on occasion of its being unknown where to seek them, though, perhaps, they may be lying amongst the papers of a person who was an Agent, after his Removal or Decease: But that comes to be totally forgot while de recenti, the parties are Minors, absents, or under such other disadvantageous Circumstances. Whereas, now, Agents will be known, and such a Regulation will follow on their Establishment: as after death or removal, their Papers belonging to others, will be put in safety; and Inventars' thereof patent in such manner, as any of the Liedges may find out what he wants. 2. The lieges will be freed of being imposed upon, by several persons who have neither Skill nor probity; but assume to themselves the name of Agents; and thereby be liberat of groundless Pleas, mismanadgment of Business, protracting of Processes, unfaithful accounts, etc. whereof there has been such Complaint. 3. The Lords are subjected to great fatigue and Vexation, chief by occasion of Processes being confused and out of Order; Of Writes founded upon therein, not being marked distinctly at the places mentioned in the Alledgeance; Of the Advocats not being fully informed, and frequently not advertised, when the Process is first called, or at subsequent Callings thereof etc. all which will be prevented by the sufficiency of the Agent. 4. The Lords do challenge the Advocats when they are not ready or distinct, So in the Country, for the most part, all the Fatalities that fall upon the Action, are laid to the Advocats share; Whereas were the Agents in a select Number (to be admitted in the terms of the foresaid Act) they would take off that unjust Imputation: and in effect the most of Manadgers about the house, from the false Character, wherewith they are aspersed by those who are ignorant of their Constitution. 5. The poor of the Nation will likewise reap the benefit of this Act, for, they may have Agents appointed to manage their pnrsuits the same way and manner as they have their Advocats and Writers to the Signet, Besides that at present, there is no fond for the indigent Relics or Children of Writers, who as they will be provided for when Agents are put under this Regulations, So the other poor will get these Charities which are at present expended on such. Finally: When Agents are so immediately under a special Government their actions will be more particularly supervised than it was practicable hitherto, when they were dispersed. And as this will be a check on their sufficiency vigilance and faithfulness in their Employment towards the lieges: So it will be a good mean to restrain Immoralities, which our King and Government has taken so much pains to prevent.