Page:The Laws and Acts of Parliament of Scotland.djvu/718

j 44 . The third Se£ion of the fecond Parliament of all Gifts of Tutory , that fliall be granted hereafter, by His Majefty or His Exchequer, fliall proceed upon citation of the Minors neareft of kin on both Tides, at the inftance of the Cravers of the faids Gifts: that they may be heard , if they have any thing to fay againft the perfon to whom the Gift is to be granted; or , upon confent firft obtained thereto, under the hands of the faid neareft of kin. And Ordains, that the faid Gifts fhall bear exprefly that the neareft of kin were cited , or confented to the paffing of the faid Gifts : Cer- tifying all who fliall procure Gilts of Tutory or Curatory forefaids , without citation or confent of the faids neareft of kin, or where the famin is not exprefly mentioned therein, That thefc Gilts fhall be declared null and void , by way of exception or action , at the inftance of any perfon who lhall have obtained a Gift of the faids Tutory or Curarory , conform to the Tenor of this prefent Act. III. yl C T dtfchargingthe imprtationoflrijhVictuaL Edinburgh , % 8 . of June , 16 j%. FOrafmuch as the importing of Victual, Horfes and Cows from Ireland into this Kingdom , hathbeenV by divers publick Aas and Statutes , difcharged , under great pains •; And that, notwithftanding thereof, fundry perfons , preferring their own privat interefts to their obedience to the Law and good of the Kingdom , have adventured to import diverfe quantities of Victual from Ireland, and have vented and fold the fame in this Kingdom; whereby the fale ol Corns, growing within the Kingdom, hath been flopped, and much money hath been unwarrantably carried out of the Kingdom. And His Majefty being refolved , for the good of this His Ancient Kingdom , to take an effectual courfe for preventing and reftraining fuch courfes for the timetocome: Doth therefore, with advice and confent of the Eftates of Parliament , Statute and Ordain, that all Heretors, Wod-fetters and Life-renters within the Shire of Lanerk below Glajgow^ and in the Shires olAir, Renfrew, Wigtoun, Y>umbartan, Bute, Argyl, and Stewartrie of Kirkcudbright , having Land on the Sea-coafts; and the Magiftrats of the Burghs of Glajgow i c Dumfreis ,• Kirkcudbright , Renfrew* < Dumbartan, irwing, Air , Stranrdwer, Rofsaahdlnwerrarj , give Bonds, that they, their Tennents , or any dwelling on their Lands , or Inhabitants within the faids Burghs , lhall not import or reflett any fort of Victual from Ireland, under the pain of twelve hundred pounds Scots, toties quoties. And if any of that Vic- tual fliall happen to be Livered within their bounds, by perfons not living within the fame, That they alfo detain and feife the Victual, Veilel and perfons therein , if they can be apprehended, urider the fame pain. And if the Importers make any forcible refiftancci, It is hereby Declared, that the Seifers, and thefe who fliall affift them , fliall be free of all skaith or prejudice may fall out thereupon •" And that they give timeous notice thereof to the Lords of His Majefties Privy Council or Exchequer , who are hereby impowered to pun- ifli the Importers , by fyning or imprifonment , or both, as they fliall think fit. And for the Vellels and "» Goods, whether imported by Natives or Strangers, They are hereby Declared to be confifcat; two parts thereof to His Majefties ule, and the third part to the Seifer , whether he be Heretor oi the Lands where the Importation happeneth , or not. And in cafe any Heretors or Magiftrates lhall fuller any Victual to be imported , and fliall not feife and certifie, as faid is, and that any other perfon fliall inform thereof, and verifie the fame • This Informer is to have the third of the Goods , if they fliall be apprehended , and alfo the third I oi. the fine impofed upon the Heritors or Magiftrates failzeing as laidis, Likeas His Majefty , with advice' forefaid , doth Authorize the Lords of His Majefties Privy Council to appoint fit perfons to receive the Sub- fcriptions of the Heretors,Magiftrates & others forefaids,within the bounds above- written, to the Bond here- unto fubjoined. And if any of them lhall refufe to fign the Bond, they are , for fuch refufal, Declared to Incur the pain and penalty of Two hundred pounds Sterling, and imprifonment during the Councils pleafure: Befides that, they fliall be lyable to the fame pains as if they had fubferibed the Bond. And for the encourage- ment and relief of fuch Heretors and Magiftrates , as fliall give Bond as laid is, It is appointed, that if any Victual fo imported , fliall happen to be reflett in any of the faids Shires or Burghs , the Refietter fliall be lyable to relieve the Heretor or Burgh in whole bounds the Victual was Livered , of the Fyne they incurred thereby : As alfo , that their Tennents and Inhabitants fliall alfo fubferibe the fame. And in cafe of their refufal , their Tacks of their Rooms , if they have any , are declared void , and they , and all fuch otherTen- nents or Inhabitants, as have no Tacks , are to be removed from their Pofleffions and Dwellings , by fentence oi any Judge ordinar, before whom the refufal fhall be proven; Befides that, they lhall be lyable as if they had lubferibed the Bond.and their perfons to be imprifoned during the pleafure of his Majefties Privy Council, who are alfo hereby warranted to give Com millions & allowances to lit perfons to feife any of the faids Veflels that fliall be Water-born within the Waters.betwixt the Head ofKintyre and Lochryan,ot within the Weftern Ifles, or any Port, Loch, Creek or River from Lochryan to T)umfreis: As alfo, to allow importation of; Victual for fuch time as they fliall think fit, the price of Victual, within the Kingdom for the time , beingat eight pounds the Boll of Beir and Meil , and ten pounds Wheat , or above. And laft , His Majefty Ratifies and Renews all former Laws , and Acts , and Proclamations of Council made againft importing of Victual as faid is : And Ordains them to be put to Execution , except in fo far as they are altered by this Act; A*h1 Ordains Letters of Horning to pafie hereupon , in form as efFeirs. • •- ' .-Tlii