Page:The Laws and Acts of Parliament of Scotland.djvu/110

^o KING JAMES THE F O V RT H udierwayintheoppreffionofhisNichtbour, bot foberly Nichtbour to Nichtbour, under the famepaine. And that every man dwelland within Burgh, anfwere and obey to the Oificiares of the famin, as faid is, quhen, and in quhat wife they fall be charged be the faidis Officiares , in defenfc of the Realme and Lieges , and for the commoun gude and welfare of the Burgh, in the adminiftration of Juftice and Law , under the paine fore- faid. And that the Juftice Gierke zeirly , in the taking of the dittay , inquire upon the faid poyntcs , and the breakers thereof to be punifhed be the Juftice as uther crimes, after the forme of the faid ad. 3 5". The defender in thefiimmoundesoferrronr.fuld be warned with certification : The per fewer nocht ferfeuand may be imlawed. T E M , It is ftatute and ordained , anent the briefe of fummoundes of errour , and for the declaration of _ the famin , that quhat perfon obteined fummoundes of errour upon a judge of inqueft, or perfones that pall thereupon: that the partie be called for his intereft to compeir to an certaine day, with certification, that quhidder they compeir or not , the Lordes will proceede after the forme of the fummoundes , and do Juftice to the partie, not abidand the fecond nor thrid fummoundes , declaring that all perfones that paffis upon ftk inauefts compeir perfonally : Becaufe it may depend upon their infamies. And quhair ony perfon cailis uther at his iuftance , and compeiris not to follow his partie , he fall pay the expenfes of his partie, and ane unlaw of fourtie fhillinges to the Lordes , alfweill in fummoundes of errour, as in uther fummoundes, or he be heard in judgement , to follow his partie thereafter , and to abide the decreete to be given thereupon. 3 6. How the commoun glide of Burr owes Juld be fpended and fet till uther s. ITEM, It is ftatute and ordained anent the commoun gude of all our Soveraine Lordis Burrowes within JL the Realme, that the faid commoun gude be obferved and keiped to the commoun profite of the Towne, and to be fpended in commoun and necefiarie thinges of the Burgh , be the advife and Councell of the Towne for the time , and Deakons of Craftes quhair they are. And inquifition zeirly to be taken in the Chalmer- lane aire of expenfes and difpofition of the famin. And attour, that the rentes of the Burrowes, aslandes, fifhinges , fermes , mailles , milnes , and waters , zeirly revenues be not fet , bot for three zeires alla- nerly. And gif ony happenis to be fet utherwaies , that they be of nane availe , force nor efTecl in time to cum. 37, Of re fifing of gold that is cracked. ITEM, It is ftatute and ordained, that becaufe it was ftatute in the laft Parliament: That all gold that held wecht and fines fulde be tane in payment, and notwithftanding the ftatute forefaid, they refufe to take gold that is cracked : That therefore it is ftatute and ordained , that all fik gold be taken without refufe , and quha fa dois in the contrair, fall tine the availe of the penny be him refined , in this wife: That quhair the faid cToldbeis given for debtes, the refufer fall tine the penny be himrefufed, and that fall be ane fufficient acquittance to the profferer of the faid debt. And gif it be given for gudes to be bocht , the refufer fall tine die availe of the penny , that he refufed for the faid gudes. FINIS. THE