160 The third Sejjion of the fecond Parliament of Seafmgs, Reverfions, and others forefaids then in their hands , fliall not be regiftrat in the Books, they lhall incuT the pain of" deprivation , and be lyable in payment of the parties damnage : And that the Clerks, keepers of the faids Regifters ; book all Mornings, Inhibitions, Interdictions, Seafings, Reverfions, and others which now are in their hands , for the fpace of iourty years by-gone , and have exact Minute- books relating thereto , in manner forefaid, within the fpace following, viz. The keepers of the general Regifters betwixt and the firft of J me , 1674. and the Keepers of the particular Regifters in the feveral Shires, betwixt and the firft of June , 1673. And that all Mornings and Inhibitions, regiftrat in the Shires, be marked by the Keepers thereof , conform to the 21. Act of the Parliament, 1600. under the pains aforefaid ; Andthatinthei;#m«z, betwixt the collationing of the Books, the Clerks lhall be oblieged to keep aprivat Minute-book for their own ufe, wherein they are to infert a Note of allHornings , Inhibitions, Interdic- tions , Seafings and Reverfions , as they are given in to be regiftrat ; And in cafe any be omitted out of that Minute-book , they lhall incur the pain of deprivation , and be lyable to pay the parties damnage. Whilk Minute-books reJpeCtivQ forefaids , as well for the fpace oi fourty years by-gone, as in time com- ing, the Clerk ihall be oblieged to make patent to all His Majefties Lieges, whenfoever they lhall defire to fee the fame, upon payment of the dues following , viz. Thirty ihillings Scots for infpection of the minute-book of the general Regifter of Seafmgs and Reverfions , and twenty Ihillings Scots for that of the general Regifter of Inhibitions; and for that of the general Regifter of Homings , twelve millings Scots ; Andforinfpectionofthe Minute-book of the particular Regifter ot Seafmgs and Reverfions in the feveral Shires, twelve Ihillings Scots ; And for that of Homings and Inhibitions, fix ihillings and eight pennies Scots money. And it is hereby Declared, that the care of feeing the premifles done and performed, after the expiring of this Commiifion , is committed to the Lords of Seflion. 33. As for Writers to the Signet, it is Ordained , that the rates of all Writs to be formed and written by them, be as follow eth', viz. For Bonds, Afllgnations , Tranflations , Difcharges , Tacks and other Writs ot that nature , and likewayes for .Summons and all Letters that pafs the Signet , there be al- lowed only eighteen Ihillings Scots for the firft iheet, and twelve Ihillings Scots for ilk an of the reft of the meets ; Excepting Sufpenfions and Advocations', for the firft meet whereof they lhall have fourty Ihillings Scots , and two Merks Scots for ilk fheet more : And where Summons are blank in any part thereof, that the fame be only payed for , according to the fheets which are written and filled up. And as for Con- tracts, Difpofitions , and other fecurities of Lands, Annual-rents or other heretable Rights, Chartors,, Signatoures , Precepts in Latine , and other Writs of that nature , and hkewife for Comprifings and Services , there lhall be only payed three pounds Scots for the firft lheet thereof, and thirty Shillings Scots tot each of the reft of the fheets, the fame being alwayes written, conform toapaternto be figned by the Lords of Seflion ; And that no diftinct payment be taken by the Writers , or their Servants , foe Bills whereupon Summons or Letters are raifed , or for claimes whereupon Services or Comprifings do proceed, or for Scrolls of any of the faids Writs; Which rates or prices aforefaid lhall be in fatsf action of all that is to be given, both to Matter and Servants: And where Bonds, Afignations, Tranflations , Difcharges, Contracts, Difpofitions, and other fecurities aforefaid , are drawn or written by any perfons who ufe to write for payment, not being Writers to the Signet, that there be payed to them'only two; parts of the rates allowed to Writers to the Signet , in manner forefaid. And that ail Writers to the Signet , and others redding within the Town oi Edinburgh, who ufe to write for payment, fliall compear beforei die Lords of Seflion betwixt and the firft oiDecember next, and give their oaths that they fliall obferv©; the faid rates ; and that thefe who refide in any other place of the Kingdom , fliall betwixt and the faid day , take the forefaid Oath , in prefence of the SherifFof the Shire or his Depute , or other ordinar, Magiftrat of the place; or in cafe they dwell within a Burgh Royal , before the Magiftrats of the Burgh; and the Writers to the Signet and other perfons aforefaid , are hereby difcharged to form or write Writs of any kind, after the laid firft of T)ecemb. next , unlefsthey take the faid Oath, under the pain of deprivation , and fuch other punifhment as the Lords of Seflion , or the ordinary Magiftrats of the place refpective fliall think fit to inflict. And it is hereby Declared , that it fliall not be lawful to any perfon , to be Clerks to the deducing of Comprifings which are led by Difpenfation within the Town of Edinburgh , or to Services lee before the Macers , except they be Writers to the Signet. Concerning the JUSTICE -COURT. SEeing Caufes Criminal are of the greateft importance , and may extend to the Lives and Libertie of any of His Majefties Subjects , and their perfons and Fortunes : and feeing the punifhment of Crime is of the greateft confequence for the fafety and fecurity of his Majefties perfon and Authority , and the Peac and Quietnefle of the Kingdom ; and therefore , matters Criminal ought to be determined in the moft folemr exact and regular way , that the Loyal and Innocent may be in full fecurity , and Offenders may be puniihei either in the moft publick places of the Kingdom, or in theplaces where the Crimes have been committed to terrifie others from the like: That whereas formerly afleflbrs from time to time were appointed to th Juftice- General, in matters of importance , which being ambulatory, cannot be fo convenient, as if a! th io u fcl k
Page:The Laws and Acts of Parliament of Scotland.djvu/734
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