Page:The Laws and Acts of Parliament of Scotland.djvu/172

ls x £ V E E N E CM A R and fubfcrived in maner abone written : And gif the partie cannot fubferive , to fubferive the famin with his hande , at the pen led , be ane authentick Notar, and fealed with his feale , as is abone written. 30. t^/fnent warning fr a redeemed landes , and the paine for none -remove ing. T E M , In likewife it is ftatute and ordained , that gif ony perfones havand richt be reverfion to redeeme _ lands , or uther poflefiions, makis, or caufis make lauchfull warning to all parties, fra quhom the faids lands or uther pofleffiones aucht and fulde be redeemed , to compeir at ane certaine day , in the place named in the faid reverfion , for receiving of the fummes of money and tackes, gif ony be fpecified therein , and at the day warned, fulfilling all thinges , asaccordis, conforme to the reverfion for his parte, gif the parties warned , as faid is, compeiris, and refufis to graunt the faidis landes or pofleffiones lauchfullie redeemed, or abfentis them- felves, gif there be na tackes to run, after the redemption of the landes or pofleffiones , or the tackes being run out, the haver of the richt to the reverfion, caufand lauchfull warning to be maid to the parties forefaidis , and all uthers occupyars, before ony JFhitftmday terme , after the redemption , to flit and remove fra the faidis landes and pofleffiones , the redemption in maner abone fpecified, being foundin lauchfull , and the landes be vertew thereof, decerned lauchfullie redeemed : In that cafe the parties quha fold have granted the re- demption of the faidis landes refufed and abfented , fall be called as violent poflefloures thereof, fra the terme oiWhit-fimday, before the quhilk lauchfull warning was maid to remoove , as faid is, fik-like as the lands and pofleffiones had bene granted lauchfullie redeemed the day of the redemption. 31. t^Ane man-flayer may be relaxed upon caution, to ane cert ane day : And being there- after denunced Rebell, the dales of Relaxation, ar efleemeddayes of rebellion. TEM, It is ftatute and ordained, that gif ony perfon or perfones flayis ane uther , the perfon being charged to finde foverty within fex daies, and findis not the famin, or foverrie being foundin , compeiris not at the day , and fwa he be put to the horne , and ony time thereafter within zeir and day , he offerns of new to underly the Law, and to finde fovertie thereupon, the paines fall be doubled , fovertie being foundin , and hee relaxed. And gif he compeiris not at that day , and oi new beis denunced rebell, his relaxation maid and given, be vertue of the laft fovertie foundin, fall na-waies helpe him anent the tinfellofthe life -rent of his landes , bot he fall tine the famin , as he had not beene relaxed fra the firft horning : And this to be extended to all relaxationes maid within zeir and daye, after the firft horning , and to airt and pairt of the flauchter, with the paines ay doubled : Andattour, all alienationes , contracts, obligations, and uther thinges quhat- fum-ever, that fall be done be him , to be null and of nane availe in the feife, without ony procefle of reduction, during the time of his relaxation upon his foverties , foundin after the firft horning : Svva that hee compeir not at the day, and enter to die quhilk he findis foverties: fik-like as and he had annalied , contracted, oblfihed, or done uther thinges , beand Rebell , and at the horne. And this aft to be extended in the favoures of uthers fuperioures, alfweill as unto the Queenis Grace. And gif it happenis ony perfon or perfones , committers of flauchters , for none-finding of foverties, or fovertie being foundin for none-compeirance, beis denunced Re- belles, and put to the home, and thereafter paffis to Girth , and offers to finde fovertie to abide the Lawe , for the fore-thocht-fellony : In that cafe fovertie being foundin , and they compeirand at the day, and acquite of thefore-thocht-fellony, to be reftored againe to the Girth, and the aci: forefaide to have na place again ft them , bot upon the fecond homing. ,1. x^Auent fummoning of perfones pajfand foorth of the Realms. TEM, It is ftatute and ordained , that gif ony perfon or perfones beis fummound and warned lauchfullie, aucht dayes before their departing foorth of the Realme , and paffis foorth of the famin thereafter : Nifli Reipublica caufa , the partie perfewar fall have procefle upon his firft fummounding bee continuationes, in fik-like maner , as and his partie had not pad out of the Reaime , be warninges on fifteenc dayes , langer or fchorter, as the perfewerfalldefire, makand warning at the dwelling place of the defendar , gif he ony lies: And failzieing , that he have na dwelling place , nor hes not conftitute Procuratoures , to bee warned at the mercat croce of the head Burgh of the Schire , quhair he had maift reforte, before his departing. And this act: to have place in civil a6tiones allanerlie, bot not againft witnefle. 3 3 . The or dour for ftmrnoniug of parties to compeir before the Juflice, or uthers Judges. ITEM, It is ftatute and ordained, that ony perfon fummound to compeare before the Juftice, his deputes, or uthers Judges within this Realme, havand power of Jufticiarie in criminal caufes : The copieof the faidis letters or precept , quhairby hee is fummound, fall be delivered to him, gif he can be perfonallie apprehended, and failzieing thereof, lall be delivered to his wife or fervands , or affixed upon the zet of his dwelling place, gifheonyhes, and thereafter open proclamation being maid at the head Burgh of the Schire, ane uther copie to be affixed upon the mercat croce. Providing alwaies, that giftherebemaaperfonsnortwacon- teined in the letter, being all called upon ane deede and crime : In that cafe , twa copies to be delivered to twa of the principal named in the faidis letters , or then given to their wives or fervandes , or affixed upon their zettes