Analysis of Service of Heirs, Transference of Lands, Burgage Tenure, Heritable Securities, and ...

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Chap. I. Preliminary

II. Form and Contents of the Petition for Service,

III. Publication of Petition for Service,

IV. Procedure in Application for Service, V. Effect of presenting Petition, Judgment, and Extract,

VI. Limitation of Representation of Ancestor by Heir, VII. Competition for Service, ....

VIII. Review of Sheriffs Judgment Serving or refusing to Serve, IX. Sheriff of Chancery, X. Records, XI. Agents, XII. Acts of Sederunt, XIII. Compensation, XrV. Interpretation of Words,

Page

TRANSFERENCE OF LANDS ACT.

Chap. I. Preliminary, ......

II. Future Form of Conveyances, ....

III. Entry by Confirmation, .....

rv. Mode of Completing Vassal's Title where Heir or Successor of im mediate Superior unentered, ....

V. Relinquishment of Superiority, ....

VI. Precepts of Clare constat not to fall by death of the Granter, VII. General and Special and General Special Charges abolished, with

reference to Actions of Constitution and Adjudication, VIII. Adjudications and Rankings and Sale, IX. Judgments of Court of Session, X. Acts of Sederunt, .....

XI. Interpretation of Words, ....

21 22 26

28 36 40

40 42 46 45 46

BURGAGE TENURE ACT.

I. Preliminary, . . . . . . .47

II. Form of Conveyances, ...... 47

III. New Form of Resignation and Infeftment, . . .50

IV. Registration of Instrument, ... 51 V. General and Special and General Special Charges abolished, in reference to Actions of Constitution and Adjudication, 51

VI

Contents

VI. Adjudications, VII. Acts of Sederunt, VIII. Interpretation of Words,

Page 53

54 54

Chapter II. Form And Contents Of The Petition Fob Service

Form of The Petition, which must be subscribed by the Petitioner*

Petition. ^ ^ •^ '

or by a Mandatary specially authorised for the purpose, must be in the form, or as nearly so as the case will admit, of one or other of the Schedules A. and B. annexed to the Act.

General lu casc of a Claim for a General Service as Heir of

Line, the Petition simply sets forth the death of the Ancestor, and the date at or about which the same took place, where he had then his principal or ordinary domicile, and the relationship of the Petitioner, concluding with a Prayer to serve him Heir in general to his Ancestor.

Where the party claims to be served as Heir of Provision, the Petition will be varied accordingly, and the Deed of Provision distinctly specified.

Service.

The Petition for a Special Service must not only specify spemi the death of the ancestor, and when the same took place, but describe the landd with reference to which the Service is sought, and specify the Warrant and Instrument of Sasine, whereby the ancestor was last vest and seised in the lands. The relationship or character in which the Petitioner claims to be served has also to be represented, and in the case of an Heir of Taillie or Provision, the Deed of Entail or of Provision distinctly specified. § 4.

In all cases of Special Service, where the lands are held where under a Deed of Entail, it is lawful and competent to omit under Enthe full insertion of the Conditions and Provisions of the Deed of Entail in the Petition of Service and Decree thereon, and in the Precepts, Sasines, or other Instruments necessary to complete the Investiture of the heir, provided such conditions and provisions be therein specially and directly referred to, as set forth at full length in the recorded Instrument of Sasine in favour of the deceased person served to, or as set forth at full length in the Deed of Entail itself, if the same shall have been recorded in the Register of Taillies, or as set forth at full length in any recorded Instrument of Sasine forming a part of the Title- Deeds of the Lands held under such Deed of Entail. Such reference must be made in the form, or as nearly as may be in the form shewn in Schedule B. annexed to the Act. §5.

In like manner, in all cases of Special Service, where the where lands are held under any real burdens or conditions, or under real limitations appointed to be fully inserted in the Investi- ^ ^^' tures of such lands, it is declared lawful and competent in the Petition of Service, and in the Decree of Service, and in the Precepts, Sasines, or other Instruments necessary to complete the Investiture which may follow on such Decree, to omit the full insertion of such real burdens or conditions or limitations, provided they shall be therein ^cially and directly referred to, as set fortt at full length in the recorded Instrument of Sasine in favour of the deceased person Berved to, or as set forth at full length in the recorded InBtmment of Sasine, or of Resignation ad remanentiam of the lands in which the same were first inserted, or in anyother intermediate recorded Instrument of Saane. Such reference must be made in the form, or aa nearly as may be in the form, shewn in Schedule B. annexed to the Act. §6.

General s«r- It is Competent for the Petitioner in any application for Mubuld'" Special Service, as heir of line or heir male, to pray for with spe- General Service in the same character, and Decree may be pronounced accordingly. No farther notice or publication of the Petition for Service is in such case necessary than is required for the Petition of Special Service. §24.

Chapter III. Pubucation Of Petition Poe Service

PubiiMtion The Petition, whether presented to the Sheriff of Chan-

of Petiuon. ^gj^^ ^j. ^ ^jjg Sheriff of a County, must be published edic-

tally at the office of the Keeper of Edictal Citations in the

General Register Office, in the same mode and form as in

Edictal Citations; and in the case of a General Service, in

the County of the Domicile of the deceased person ; and in

the case of a Special Service in the County or Counties

where the lands are situated, by affixing on the doors of the

Court House, or in some conspicuous place of the Court, or

of the Office of the Sheriff-Clerk, as the Sheriff may direct,

act of the Petition. § 7.

)f such Abstract, and the mode or form of the

of such publications, is fixed by Act of Sederunt, 14tli July 1847, " To regulate Publication in Services," &c,, which will be found in the Appendix.

Where the deceased died abroad, and a General Service Where only is claimed, an Edictal Publication alone appears neces- died abroad. sary.

Chapter IV. Peocedube In Application For Sebvicb

Where the deceased died abroad, or where publication is how long maide in Orkney or Shetland, no evidence in support of the m^t be Petition can be led, nor Decree pronounced either by the Jefor?*^ Sheriff of Chancery or the Sheriff of a County, till after the ®^®"^ p~-

OQOC18*

lapse of thirty days from the date of the only or latest publication. In other cases the evidence may be led on the expiration of fifteen days from the date of such publication.

The Sheriff to whom the Petition for Service is presented, may thereafter, by himself, or by the Provost or any of the Bailies of any City or Royal Burgh (whom the Statute au- Proof to be thorises to act as Commissioner of such Sheriff without ^4^,^^ him. special appointment), or by any Commissioner whom such J^Joner™' Sheriff may appoint, proceed to receive all such evidence, documentary and parole, as according to the law and practice heretofore existing might competently be laid before the Jury summoned under the Brieve of Inquest.

Any parole evidence so received must be taken down in Paroieproof, writing, according to the existing practice in the Sheriff- taken. Courts of Scotland, and a full and complete inventory of the documents produced must be made out and certified by the Sheriff or his Commissioner,

On considering the evidence the Sheriff will, without the Judgment aid of a Jury, pronounce judgment, serving the Petitioner ^ in terms of the Petition, in whole or in part, or refusing to serve the Petitioner, and dismissing the Petition, in whole or in part. § 10. ^(J^™^ After Decree of Service has been pronoanced, the Sheriff- ^eriei^^ Clerk must, on application of the party served, transmit to Chaacory, the office of Diroctor of Chancery, the Petition and other parts or steps of process, excepting any original documents or extracts of recorded writs produced, which, after judgment, fall to be returned on demand to the party producing the same.

Decree to be On the proceedings being so transmitted to Chancery, Director of the Decree of Service must be recorded by the Director of Chancery or his Depute, in the manner and form to be directed or approved of from time to time by the Lord Clerk- Register.

EitrMtof On Decree of Service being so recorded, the Director of

Decree "

tobetran*- Chaucery, or his Depute, must prepare an authenticated Sheriff. Extract thereof, and transmit the same without delay, and without charge or expense against the party in respect of the transmission and retransmission, to the Sheriff-Clerk of the County, to be by him delivered to the party or his agent in the Sheriff-Court. No provision is made for the retransmission by the Director of Chancery to the Sheriff of Chancery.

Proceeding. The proceedings and judgment in the Service are directed to be at all times, both prior and subsequent to the transmission, open and patent to inspection in the office of the Sheriff-Clerk and of the Director of Chancery respectively, and certified copies must be given to any party demanding the same. § 12.

SERVICE OF HEIRS ACT.

Chapter V. Effect Of Peesenting Petition, Judgment, And

EXTBACT.

The Statute enacts, § 9, That a Petition of Service pre- Petition, sented to the SheriflF of Chancery, or to the Sheriff of the ushedfto be County, shall, " after expiration of the period hereinafter Brieve and*** mentioned," be equivalent to, and have the full legal effect ^^"°' of, a Brieve of Service duly executed, and of a Claim duly presented to the Inquest, according to the law and practice heretofore existing. The period referred to is supposed to he the date at which the Sheriff, to whom the Petition is presented, may lead evidence and give judgment, as explained iJ the preceding Chapter. ^ ' ^ '

Every Petition of Service, without further publication i^imitation

, , of ground of

than has been already mentioned (Chapter III.), and as may Reduction. be directed by Act of Sederunt, is held as duly published to all parties interested ; and the Decree to follow upon such Petition is declared not to be questionable or reducible, upon the ground of omission or inaccuracy, in the observance, by any oflBcer or official person, of any of the forms or proceedings prescribed by the Statute, or which shall be prescribed by Act of Sederunt. § 9.

The judgment on the Petition of Service is declared Decree of

, , , Service equi-

equivalent to the verdict of the Jury under the Brieve of vaienttover- Inquest, according to the law and practice heretofore ex- ^ ^ ^^' isting. § 10.

The recorded and extracted Decree of Service is de- Extracted clared to have the full legal effect of a Service duly t^^^^^^^' toured to Chancery, and to be equivalent to the Retour of ^^^o^'^- a Service under the Brieve of Inquest, according to the law and practice heretofore existing ; and the extract of such Decree, or any second or later extract thereof, under the

Bine.

hand of the proper officer entitled to make such extracts

for the time, is declared equivalent to, and to have the full

legal effect of, the certified extract of the retour now in

use.

Sirit b?by ^^^ Decree of Sei-vice, so recorded and extracted, is not

Reduction, liable to challenge, and cannot be set aside, except by a

Process of Reduction to be brought before the Court of

Session, as heretofore in use with regard to Services duly

retoured to Chancery. § 13.

Decree of Xhc Statute has introduced a farther amendment and

Special Service to ope- simplification of the Law of Scotland, by enacting, that for

rate as a Dis- , ,

position con- the purpose of completing the feudal title of the person cept of Sa-" served Heir in special, but of such Heir only, every Decree of Special Service shall contain a Precept of Sasihe ; and such Decree, being recorded and extracted as aforesaid, shall, to all intents and purposes, unless and until reduced, be held equivalent to and have the full legal operation and effect of a Disposition in ordinary form, granted by the party deceased being last infeft of the Lands contained in such Service to and in favour of the Heir so served, and to his other Heirs and Successors entitled to succeed under the destination of the Lands contained in the Deceased^s Investiture thereof, but under the whole conditions and qualifications of such Investiture, as set forth or referred to in such extracted Decree of Special Service, containing obligation to infeft by two several Infeftments and Manners of Holding, one thereof to be holden of the Deceased and his Heirs in Free-Blench for payment of a Penny Scots in name of Blench-Farm at Whitsunday yearly, upon the ground of the said Lands, if asked only, and freeing and relieving the Deceased and his Heirs of all Feu-Duties and Services exigible out of the said Lands by their immediate lawful Superiors thereof, and the other of the said Infeftments to be holden from the Deceased and his Heirs, of and under their immediate lawful Superiors in the same manner that the Deceased, his Predecessors and Authors, held or might have holden the same, and that by Confirmation, with Assignation to the whole Writs and Rents of the Lands, and Precept of Sasine for infefting the Party served and his Successors in the Lands, all in common form ; and that in order that such Sasine may be so taken by, and the Feudal Title be completed in, the person of the Heir so serving, it shall be lawful and competent for him to use such Decree of Special Service in the same manner and to the same effect as if such Decree were actually a Disposition of the nature above mentioned ; and, in particular, that he shall be entitled to obtain Infeftment in the said Lands in virtue of the Precept of Sasine in such Decree of Special Service, any Notary-Public to whom such extracted Decree may be presented being authorised to give Infeftment in virtue thereof accordingly, which Infeftment may be in the form given in the Schedule (C.) annexed to the ^o"» o*" i^- Act, and shall, with such Decree of Special Service, form thereon. as effectual an Investiture in the said Lands, holding Base of the Deceased and his Heirs, until Confirmation thereof shall be granted by the Deceased's Superior or his Successors, as if such Investiture had been created by a Disposition ' from the deceased as aforesaid, with an Infeftment passed on the Precept of Sasine therein contained ; but such Service shall not be transmissible for the purpose of infefting, in manner and to the effect aforesaid, the Heir or Assignee of the Person so served : Provided always, that

such Decree and Sasine, notwithstanding of any prohibition against?^®'® J?^ subinfeudation or alternative holding contained in the Char-proMbited, ter or Contract, or other Deed by which the Vassal's right is constituted, shall form a valid feudal Investiture in favour of such Heir, without prejudice to the right of the Superior, to require such Heir to enter forthwith, as accords of law, and to deal otherwise with such Heir as a Vassal unentered.

§21.

Theinapa- The Decree of Special Service has the full effect and

city of Do- "^

ceased no operation above mentioned, although the deceased had died

hindrance. ^ .

in nonage, or been of insane mind, or laboured under any other disability whatever, and as if a disposition in the terms aforesaid had been granted by the Party deceased when of full age and capacity to grant it. § 22.

Chapter VI. Limitation Op Eepeesbntation Of Ancestob By Heib

Former Ber- By the commou law of Scotland, an Heir of Line who uZfiZln- has served himself as such, either in General or Special, to •'^^*"'*- an Ancestor, incurred an universal representation, and became liable to the whole of his predecessor's debts, though exceeding the value of the property acquired by the Heir ; but by the Act 1695, cap. 24, such Heirs, by giving up an Inventory of the Heritable Estate which belonged to their Ancestor, and going through other forms prescribed by the Statute, might obtain themselves served Heirs cum heneficio invmtarii, and thus become liable only to the extent of the value of the subjects given up in the Inventory.

To enable Heirs, either in General or in Special, to attain the same object by a less circuitous and expensive method, in the case of a party serving Heir in General, and to constitute a Special Service, a limitation of the heir's responsibility per 86, the New Statute has made the following enactments : — A Special I* That uo Decree of Special Service shall be held as to infer a°* ^q^ivalcut to or as implying a General Service to the de- Rrretenta- ^^^^^^^ ^^ *^® Same character, except as to the particular tion. lands and other heritages thereby embraced ; and that every

such Decree of Special Service shall infer only a limited passive representation of the deceased, and that the person

SERVICE OF HEIES ACT. 11

thereby sexred as heir shall be liable for the deceased's debts and deeds only to the extent or value of the lands and other heritages embraced by such Special Service, and no farther. • §23.

2. That it shall be lawful for any person presenting a a General Petition for General Service to a deceased person, to state be'^pliS*^ in such Petition, in the form, or as nearly as the case will^^^^^^^^j admit, pointed out in Schedule (D.) annexed to the Act, J.^™^^*^®^- that he desires the eflfect thereof to be limited to certain nexing a

Specifica-

lands or other heritages which belonged to the deceased, tion. and which shall be embraced in a particular Specification thereof, to be annexed to such Petition for General Service, which Specification shall be in the form, or as nearly as may be in the form, given in the said Schedule (D.), and shall be subscribed by the Petitioner or his Mandatary j and that, in preparing an Abstract of such Petition for insertion in the Minute-Book of the Court in which it shall be presented, and for publication, it shall be described as a Petition for General Service, with Specification annexed j and that the Sheriff to whom such Petition for General Service, with a Specification annexed, shall be presented, in pronouncing Decree of Service on such Petition, shall make reference to the Specification annexed thereto ; and shall limit such Decree of Service to the lands and other heritages described in the said Specification, and the effect of such Decree shall accordingly be taken and held in law as so limited ; and that a copy of such Specification shall be embodied in the extract of the said Decree, and shall be signed by the Sheriff-Clerk, and recorded as part thereof j and that every such Decree of General Service, with Specification annexed, shall infer only a limited passive representation And it shall of the deceased, and the person thereby served as heir shall J^J^^^^^J^ be liable for the deceased's debts and deeds only to the ex-^^^^^'®' tent or value of the lands or other heritages contained in the relative Specification. § 26.

Specification Xo obviate dotibts in reirard to the form of extracts of

In Extract*. ...

Decrees of General Service limited to certain lands and heritages, embraced in a particular Specification annexed to the Petition of Service, it is declared by A. S., 14th July 1847, § 6, that such Specification shall be signed by the Sheriff-Clerk, but that it shall not be necessary that the copy thereof to be embodied in such extracts shall be so signed.

Chapter VII. Competition Foe Sebvicb

Caveat. Any party desirous of having notice of the presentment

of a Petition for Service, may lodge a Caveat with the Sheriff-Clerk.

On receipt of the Petition for Service referred to in the Caveat, or of any official notice of any such Petition, which may be communicated to such Sheriff-Clerk, he is bound, within twenty-four hours thereafter, to write and put into the Post-Office a notice of such Petition, addressed either to the agent by whom, or to the person on whose behalf the Caveat is entered, according to the name and address which shall be stated in such Caveat. § 8.

The A. S. of 14th July 1847, to regulate Publication in Services, &c., having fixed the fee to the Sheriff-Clerk at 2s. 6d. " for each Caveat (to be effectual for one year)," it may be inferred that a Caveat will require renewal annually.

As the Sheriff-Clerk of Chancery must receive notice of all Petitions of Service, either by the Petition being presented to the Sheriff in Chancery, or by having charge of the Edictal Citations, a Caveat lodged with him would be mmmmmmmmammmmm^am^i sufficient to insure notice of the presentment of any Petition of Service.

No person is entitled to appear and oppose a Service Who may proceeding before the Sheriff in terms of this Act, whoserYice* could not competently appear and oppose such Service proceeding under the Brieve of Inquest, according to the law and practice heretofore existing.

All objections must be presented in writing, and forthwith disposed of in a summary manner by the Sheriff; but Case aumwithout prejudice to him, if he see cause, allowing parties to"**'^* be heard viva voce thereon. § 16,

Any person who conceives that he has a preferable Counter Peright to the person petitioning for Service, may present abe pre™*^ Counter-Petition. The Sheriff, if he shall see cause, may*^^** ' sist procedure on the first Petition in the mean time, and and conconjoin the Petitions, and thereafter proceed to take evidence, allowing to each of the parties not only a proof in chief with reference to his own claim, but a conjunct proba-and proof tion with reference to the claim of such other parties ; and both parties. the Sheriff will, after receiving the evidence, pronounce judgment on the said Petitions, serving, or refusing to serve, Judgment as may be just, and will at the same time dispose of the matter of expenses. §11. Expenses.

In all cases in which there are competing Petitions con- Application joined, or in which any person has competently appeared ^^^^^^^® to oppose any Petition of Service presented to the Sheriff, ^^^*®^ f^ it shall be competent to such of the parties as shall conceive ^«^<^'e proof

taken before

the case proper to be disposed of by a Jury Trial, at any sheriff. time before the proof is begun to be taken by the Sheriff, to present a Note of Advocation to the Court of Session, praying the Court to advocate the proceedings, in order that the case may be tried by a Jury j which Note of Advocar tion must be proceeded with in like manner, with Notes of Procedure, Advocation presented with a view to Jury Trial against

Trial.

Effect of Verdict.

judgments of the SheriflT-Courts of Scotland, according to the existing practice, and judgment pronounced.

In the event of it appearing proper that the case should be tried by a Jury, the Lord President of either of the two Divisions of the Court, or such other of the Lords of Session as the Court may appoint, or as may be arranged by the Lord President of the Division, will be the Judge at the trial, and preside thereat, in like manner as is done according to the existing practice in trials by Jury, and the Jury must be chosen and summoned in like manner as on such trials. The verdict to be returned by the Jury will be equally final and conclusive with the verdicts at present returned in trials by Jury in the Court of Session, but with all and the like remedies by Bill of Exceptions, Motions for New Trials, or otherwise at present competent.

Where Ver- In ovcry caso in which a Jury shall find a verdict in favice, case to vour of a Party petitioning to be served, the Court must, to sh^!"^ at the same time with applying such verdict, remit to the Sheriff from whom the case was advocated, with instructions to pronounce a Decree serving the said party in terms of this Act, which Decree may thereafter be extracted, and the extract thereof recorded and given out in manner and to the effect before stated. § 17.

CHAPTER VIII. REVIEVr OF SHEBIFF'S JUDGMENT SERVING OR REFUSING

TO SERVE.

Redaction.

As already mentioned. Chapter V., the Decree of Service recorded and extracted, is not liable to challenge, nor to be set aside, except by a Process of Reduction before tha Court of Session, as heretofore in use with regard to Services duly retoured to Chancery. § 13.

In every case in which a process of reduction of any de- Procedure, cree of service shall be brought before the Court of Session, it shall be competent to the Court, if it shall appear necessary for the right determination of the case, either to allow farther or additional evidence to be taken in such manner as may appear proper, or to appoint the case, or special issues therein, to be tried by a Jury ; and such Jury Trial shall proceed in the same manner and to the like effect, and with all and the like remedies as are provided in regard to Jury Trials under Notes of Advocation and judgment pronounced.

Wherever the judgment of the Sheriff brought under reduction, has proceeded on competing Petitions conjoined, and the Court of Session determined that a different person should be served from the person preferred by the She- Remit to riff, a remit must be made to the Sheriff, with instructions to pronounce a Decree serving the said person in terms of this Act, which Decree may thereafter be recorded, and an extract thereof given out in manner and to the effect before stated.

In case of reduction of a Service, the Judgment is con- Judgment

COD elusive

elusive, as between the parties to the suit, against the party between whose service is reduced, and has the same effect as if the action had contained a conclusion of Declarator that the party served was not entitled to be served in the character or claim, and judgment had been pronounced in terms of that conclusion. § 19.

In every case in which the Sheriff has refused to serve a where she- Petitioner, or dismissed his Petition, or repelled the objec- to serve*** tions of an opposing party, it is declared lawful to bring ^^y^^**^"* the Judgment under review by a Note of Advocation ^''^"^^*' presented to the Court of Session.

Such Note must be presented within fifteen days, orTime, intiwhere the proceedings have been taken in the Courts of °"*'''°' *•• Orkney or Shetland, thirty days from the date of the She-

10 ANALYSIS OP

riff ^s Judgment ; and where the Judgment has been pronounced after opposition duly entered, or in competition, such Note must be intimated to the opposite party, and a Bond of Caution for Expenses lodged with the Sheriff- Clerk, in like manner and under the same regulations as in the case of Advocations of final Judgments of the Sheriff-^ Courts of Scotland, according to the presently existing practice, and such Note must be proceeded with in like Procedure, manner with the Notes of Advocation against final judgments of the Sheriff Courts.

Coart of It is Competent to the Court of Session, if it shall appear aUow^ad™^ necessary for the right determination of the case, to allow d(^^ o^' farther or additional evidence to be taken, or to remit to the TiSa b^' Sheriff to take the same, or to appmnt the case, or special •^"7- Issues therein, to be tried by a Jury, in manner and to the effect, and with all and the like remedies by Bill of Exceptions, Motion for new Trial, or otherwise, at present competent, and such judgment shall be pronounced on such Note of Advocation as shall be just; provided, that in every case in which the Sheriff has refused to serve, but in which the Court of Session shall be of opinion that the party ought to be served, a remit shall be made to the Remit to Sheriff, with instructions to pronounce a Decree serving thwf a the party in terms of this Act, which Decree may be theredai^^^to ^^^ recorded and extracted in manner and to the effect be served, ij^fore mentioned.

Eight to The Statute farther enacts, that nothing therein con-

new, ©"to tained shall prejudice the right of any person whose PetiduJtfon^ tion of Service shall be refused without any opposing or served. competing party having appeared and been heard on the merits of the competition, to present a new Petition at any time thereafter, or the right of either party in any of the proceedings authorised to take place in the Sheriff-Court to bring under challenge whatever judgment may be pronounced therein, by process of Reduction before the Court of Session on any competent ground. § 18.

All proceedings authorised by the new Statute to be Forms and

^ . . Effect of

taken in the Court of Session, must commence and be car- Procedure ried on in the same manner, with the same description of of Session, proceedings in ordinary Civil Cases ; and any judgment pronounced by the Lord Ordinary therein may be brought under review of the Inner-House by Reclaiming Note, in like manner as in such cases; and all judgments to be pronounced by the Court of Session in terms of this Act are declared to be equally final and conclusive as the judgments pronounced by that Court in ordinary Civil Cases, and not liable to review by reduction or otherwise, save and except to such extent and eflfect as judgments by the said Court in ordinary Civil Cases are so liable.