C having applied to the petitioner to become his cautioner, the petitioner was prevailed with to subscribe the bond, which was received on the 16th January 1796; on which the act and factory in favour of C was extracted, and an inventory of the pupil's affairs taken and lodged with the clerk of Court. C, however, has not yet rendered a single account of his intromissions; though, by your Lordships' act of sederunt, he is bound to have lodged his account once a-year with the clerk of Court.

The above, and other circumstances, induce the petitioner to believe that the said C is acting in such a manner as may occasion a loss to the petitioner, as cautioner for his due administration of the affairs committed to his charge; and he therefore makes the present application that he may be relieved from his cautionary engagement.

May it therefore please your Lordships to
grant warrant for serving this petition on
the said C; and, on resuming consideration
thereof, to find the petitioner discharged
of his former cautionary obligation from
and after the date of your Lordships' in-
terlocutor hereon; and ordain the
factor, in the mean time, to lodge in the
hands of the clerk of Court, full and com-
plete accounts of his intromissions with
the estate and effects of the pupil.

ACCORDING TO JUSTICE, &c.

Signed by Counsel.

EXONERATION OF A CURATOR OR FACTor.

The object of the nomination being attained, the person appointed produces his accounts properly vouched; prays to have them audited, and to be authorised to pay over or confign the balance remaining in his hand. The application will be in this form.

Unto, &c.

That the petitioner, on his application to your Lordships, of date , was, on the death of A, appointed factor loco tutoris to B, son of the said A. That in that capacity he made up and lodged, in terms of your Lordships' act of sederunt, an inventory of the estate under his management; and has now, on the said B's arrival at the age of pupillarity, to which period his office was to endure, produced herewith the accounts and vouchers of his intromissions.

May it therefore please your Lordships to exoner and discharge the petitioner of his whole intromissions and management in consequence of the above factory, on payment or consignation of the balance arising on the said account, amounting to deducting therefrom the expense of obtaining and extracting the decree of exoneration in his favour; and to grant warrant to, and ordain the clerks of Session to deVOL. III, C c

liver up the petitioner's bond of caution-
ry; or to remit to the Lord Ordinary on
the bills for this week, or to any other of
your Lordships' number, to inquire into
the facts above set forth, and to report (or
it may be) to audite and settle the petition-
er's accounts; with power to exoner him
and his cautioners of the said factory, and
to do in the premises as to his Lordship
shall seem right.

ACCORDING TO JUSTICE, &c.
Signed by Counsel.

In confequence of this application, a remit is ufually made to an accountant to report on the accounts; and on that report the judgment proceeds; and the decree discharges the factor, and authorifes the bond of cautionry to be delivered up. The balance is either ordered to be paid over to those having right to it, or to be configned.

CURATOR AD LITEM.

It remains only to ftate the nature of the title poffeffed by the curator ad litem. This curator may be appointed during the dependence of a caufe, on the application of either party, or at the fuggeftion of the Judge. The curator appears and agrees to accept of the office; a

minute is made of this; and he inftantly gives his oath de fideli; on which the following interlocutor is pronounced:

The Lord Ordinary having heard what is before stated, Nominates, authorises, and appoints the said B to be curator ad litem to the said A; and he, the said curator, being present, gave his oath de fideli.

This is figned by the curator and by the judge, and conftitutes a fufficient title for appearing in that action.

SECT. III.

OF INTERDICTION, VOLUNTARY AND LEGAL.

INTERDICTION, which was formerly authorised only by authority of the judge, may now be attained by a private deed, provided it be properly published and recorded. I shall therefore point out, first, the form of the Voluntary, and then of the Legal Interdiction. I shall next show the effect which it produces, and the form by which it is recalled.

I. VOLUNTARY INTERDICTION.

Bond of Interdiction.

I, A, considerING that it will be materially for my interest to have the aid and concurrence of my friends in the management of my affairs, and that I shall thereby be protected from the impositions and importunities to which hitherto I have been exposed; AND HAVING full confidence in B, C, and D, I have become bound and interdicted, as I hereby BIND, OBLIGE, and INTERDICT myself, during the whole days of my life, to the said B, C, and D, and to the survivors, or survivor of them, that I shall not, without their special advice and consent, sell, gift, alienate, wadset, dispone, or put away my lands, teinds, heritages, annualrents, liferents, reversions, tacks, or others, nor grant dispositions, assignations, resignations, renunciations, infeftments of annualrent, or in security, nor other rights or securities of the same, nor set tacks or rentals thereof, nor grant bonds, or any obligations or contracts, nor become cautioner for any person whatever for payment of sums of money, or performing of acts and deeds; AND IN GENERAL to do no act or deed, directly or indirectly, whereby my lands and heritages, or other subjects foresaid belonging to me, or that shall hereafter belong to me, may be anywise evicted or adjudged from me; DECLARING that all dispositions, assignations, resig