Page:The Laws and Acts of Parliament of Scotland.djvu/119

SEXT PARLIAMENT. XI. of March. x S o 3 . 99 his office ordinar , to punifh them. And quhair it belangis not to his Office Ordinar , to fend them to die King, tobepunifhedaseffeiris. 65-. Summoutids upon recent fpuilzie , may be execute ttpon fifteene daies. T E M , Anent recent fpuilzie , it is ftatute and ordained , that it fall be leiffull to the partie quhilk is fpuil- ^zied, to fummonde the fpuilziers upon fifteene daies before the Lordes, fa that he make his fummounds within fifteene daies , nixt after the committing of the faid fpuilzie , notwithftanding the adt maid of before, that all fummounds fuld be maid upon twentie ane daies: And richtfwa, to have power to call the faid fpuilzier before the Schireffe , and that there fall be na exception dilatour admitted againft that fummounds, it beand lauchfully indorfate. 66. t_yfnent the expenfes of Schireffe s for their office. ITEM, Anent the expenfes of SchirefFes , baith Ordinar , and SchirefFes in that part , to be taken for the execution of their office in the diftreinzieing of perfons for fummes recovered : It is ftatute , advifed, and ordained, that die faid Schireffe, quhilk fall execute his faid office, fall have twelve pennies for ilk pound, for the execution of his office: Andthattobetakenoftheperfonor perfones, that me fummes or debtes be recovered on. 67. Of expenfes of proces. ITEM, Becaufe in time by-gane, the Kingis lieges hes bene greatumly hurt , be the partial Schireffe and Officiares, for the denying of their proces to be given to the partie ^ quhair-throw the partie injured, micht have followed his aftion , and founded his intent , and the faid Schiretfes lies halden their proces at fa great fummes, that the partie micht not pay dierefore , and for that caufe , the partie injured , hes loft the profecution of his action , and tint the fame for verry poverty, that he micht not loufe the faid proces : It is therefore advifed, ftatute and ordained , diat in time to cum , ilk fik Schireffes and officiates, that hes proces led before them , outher be action of debt, or brieves , that they give the faide Proces to die partie , upon his expenfes , and diat the partie fall pay dierefore , for ilk acre foure pennies allanerlie. 68. For keiping of money within the Realme. ITEM, As to the taking of gold or filver foorth of the Realme : It is advifed, ftatute, and ordained , that the adtes and ftatutes maid of before , for the halding of money within die Realme , be put to dew execu- tion , with this addition : That it fall be ane poynt of dittay upon the takers foorth of the famin. And als, diat the Kingis Hieneffe, depute certaine fearchoures in ever-ilk towne quhilk hes ane Port: The quhilkis fearchoures fall have power to fearch the faillers and paflers foorth of the Realme , for having foorth of money, quhat-fum-ever perfon he be, Spiritual or Temporal. And he fall have of his fees , the fourth part of the money that is taken be him, he bringand th'other three partes to the King. And that na perfones, nouther Spiritual nor Temporal , have mair money foorth of die Realme, hot fourtie fhillinges , of the quhilks he hes licence be udier aftes of before , under the paine of efcheit. 69. Anent flealers of "Tykes , breakers of zairds and dowcattes.' ITEM, Anent fteallers of Pykes out offtancks, breakers of Dowcattes, Orchardes or zairds , or dealers of hives, anddeftroyersdiereof: And als anent them , diat flayis Parked Deare, Raes, or Rae-buckes, of Lordes proper wooddes, that that be a poynt of dittay in time to cum. And that the unlaw thereof , be ten pound, togidder with ane amendis to the partie, according to the skaith. And gif ony Children within age, commit ony of thir thinges forefaid, becaufe they may not be punifhed for none-age, their Fathers or maifters fall pay for ilk ane oi them, ilk time committing ony of the faid trefpaffes forefaid, threttene fhillinges four pennies, or elfe deliver the faid Child to the Judge, to be leifched, fcourged, and dung, accord- ing to the fault. 70. Anent Beggers and their qualities. , ITEM, Aflent Beggers , that the ftatute of King James the Firft , maid upon ftarke beggers , be obferved and keiped. CiAnd diat die SchireiTes, Proveftes, Baillies within Burrowes , baidi of Royaltie and Regalitie, Spiritualitie an|TemporaUtie , fee that this aft be execute and keiped : And that diey thoil nane to beg widi- inthem, exce& cruiked-folk , feik-folk, impotent-folk, and weak-folk , under the paine of paymenr of ane mark, for ilk u|ierbegger, that beisfoundin. 71 . Of the unlaw of greene-wood and CMure-burne. T E M , Anent die artickle of greene-wood , becaufe that the Wood oi Scot land is utterly deftroyed , the unlaw theirof, beand fa little : Therefore it is ftatute and ordained , diat the unlaw of grcene-woodde , to R z ony I