Page:The Laws and Acts of Parliament of Scotland.djvu/597

A& %6, 27, 28, 29. " King 'CHARLES f| f E x6;5*. ~!J XXVI. Act appointing the Purfuer of the thief, to have the Goods ftolen from him , reftored. OUr Soveraign Lord underftartding, that when Thieves arc taken and execute for Theft, or de- clared Fugitives, their whole Eftateand the goods ftolen alfo, doth fall to His Majefiy and to .ords of Regalities, and other Juftitiars pretending right to the faids ftolen goods. For remeed where- >f, His Mijefty, with advice and confent of the Eftates oi Parliament, Statutes and Ordains, That my perfon having goods or gear ftolien from him, and having purfucd the ftealer thereof, fliall have us own goods again, where ever the fame can be apprehended: and where the ftolen goods cannot oe had, the Purfuer of the Thief, ihall have the juft value of the goods and gear ftolen from him, out of the readielt of the Thiefs goods, With the expences waired out by the Purfuer , he alwayes purfuing the llnef, nfque ad fententiam >, Referving alwayes to the Sheriff or otlier Magiftrates, and taker of the Thief, the expences waired out by them in taking and putting the Thief to exe= cution, XXVII. Aft for the 'Pardon of 'Penal Statutes, s ..... OUr Soveraign Lord confidering, that the precife and rigorous exaction of the Pain , Arbitrary and Pecuhial, adjected to Penal Statutes heretofore made, would prove a burden to His Maje- fiics Leiges, heavy and unfupportabie, it by His Majefties grace and favour they ihouid not be eat fed and liberate of the fame. In confideration whereof, His Majeftj, being willing to give eafe and rehei to His Subjects of the forefaid burden, Hath therefore been gracioufly pleafed, with confent ± His Eftates of Parliament,, to Difcharge , freely Pardon and Remit , and by thefe prefents Dif charges, freely Pardons and Remits , all Contra veeners of any of the faids Penal Statutes, for all Deeds done by them, contrair to the tenor ot the fame Statutes, in time by-gone; except only the Statutes concerning the unlawful taking of Ufury, Tranfporting of Silver and Gold, and Slaying of Red and Biack Fillies, which are no wayes difcharged by this prefent Act, nor comprehended under the fame. XXVIII. . Aft discharging the Quots of Testaments. OUr Soveraign Lord, with advice and confent of His Eftates of Parliament, for many weighty coh» fiderations moving His Majefiy, Statutes and Ordains, That no Quots ofTeftaments, confirm*. ed fince the fixteenth of November, one thoufand fix hundred and fourty one , and to be confirmed in time coming, fliall be exacted from any of His Majefltes Leiges by Commiflars, CommifFar-ClerkSj Filcals, and others whom it effeirs; but prejudice alwayes of the ordinary Fies due to than as accords. XXIX. Aft for Poynding upon Sheriffs and Commijfars decreets, OUr Soveraign Lord and the Eftates of Parliament, confidering, That albeit by Act of Parliament;, of the date the .ninth oi July, one thoufand fix hundred and fix years. Letters of Horning arc Ordained to be directed by deliverance of the Lords of Seffion upon Sheriffs, Commiflars, and other inferiour Judicatories their Decreets, upon the fimple Charge therein mentioned: et, the Act bears no warrand for Letters of Poynding to be granted by the deliverance forefaid upon theie Decreets; whereby the parties intereffed, obtamers of the Decreets, are ofttimes prejudged of their payment, when thefe parties, againft whom thefe Decreets are obtained , do flit or remove out or the Shire or Junfdidtion of the Judge before whom the faids Decreets are given. Therefore His M-jefty, with ad=* vice of the faids Eftates, ratifies the Act of Parliament above-mentioned, in the whole heads and points thereof: And for remedy of the prejudice forefaid, Ordains Letters of Poynding to be direct by deli- verance of the Lords of Seffion, at theinftance of the Parties intereffed,. upon the faids Sheriffs, Ccm 7 . miliars, and other inferiour Judges their Decreets contained in the forefaid Xct, Sickirke, ai}| D 2 M