Page:The Laws and Acts of Parliament of Scotland.djvu/764

190 The Thrid Parliament of by caufing them fubfcribe Bonds of borrowed Money , Contracts of Alienation of their Lands , Difpofitions, Difcharges , and other Writs of Importance , and ratifie the fame by Oath , fwearing that they fhall never come in the contrary , thereby depriving them of all the benefice of Revocation, Reduction , and Reftitution inlntegrum , allowed to them by the Laws of this Kingdom , where fuch Oaths are not made. IT IS THEREFORE Statuteand Ordained, by the King's Majefty, with advice and confent of the faids Eftates, That no fuch Oaths ihall be exa&ed in time coming ; And in cafe of Contravention , Declares the Contract to be void and null , and that no Execution fhall pafs thereupon , And Declares the Elicitor , or Exafter of the Oath to be Infamous : And it is hereby declared , that it fhall be competent to any Perfon related to the Minor, to obtain the faids Writs to be declared void and null, be way of Action , exception, or reply. XX. ACT Concerning Bills of Exchange. September. 16. 1681. UR SOVERAIGNE LORD,ConfideringhowneceiTaryitisfortheflourifliingofTrade, That o Bills or Letters of exchange be duely payed and have ready Execution, conforme to the Cuftomof other parts , DOETH THEREFORE, with advice and confent of his Eftates of Parliament, STA- TUTE and ORDAIN, that in cafe of any Forraign Bill of Exchange, from or to this Realm duely pro- tefted for not acceptance , or for not payment, the faid Proteft having the Bill of Exchange, prefixed, ihall be Regiftrable within fix Moneths after the date of the laid Bill , in cafe of non-acceptance , or after the fal- ling due thereof, in cafe of non-payment, in the Books of Council and Seffion, orother competent Judica- tures , at the inftance of the perfon to whom the fame is made payable , or his Order , either againft ihe Draw- er , or Indorfer , in cafe of an proteft for non acceptance , or againft the Accepter , in cafe of a proteft for non- payment, to the effecl: it may have the Authority of the Judges thereof, interponed thereto, tlat Letters of Horning upon a fimple charge of fix dayes, and others executorial neceflary may pafs thereupon, for: the whole Funis contained in the Bill, as well Exchange , as Principal, in forme as effeirs, ficklke , and in 1 the fame manner , as upon regiftrat Bonds , or Decreets of Regiftration , proceeding upon confeni of Parties. PROVIDING alwayes , That if the faids Protefts be not duly Regiftrat within fix Moneth? , in man- ner above provided, Then and in that cafe , the faids Bills and Protefts, arenottohavefummar Execution, but only to be purfued by way of Ordinary Action, as accords. AND FARTHER, It is heeby S T A- TUTE, and EN AC TED, That the fums contained in all Bills of Exchange , bear Annul- rent, in cafe of not acceptance from the date thereof, and in cafe of Acceptance , and not payment , fron the day of their falling due, ay and while the payment thereof. AND FARTHER His Majefty withadvice fore- faid , hereby Declares , That notwithftanding of the forefaid Summar Execution provided to ollow upon L Bills of Exchange , for the fums therein contained , in manner above fpecified ; Yet it fhall be eafom to the i j t party charger to purfue for the exchange, if not contained in the faids Bills, with re-exchange, damage,. I intereft , and all expences , before the Ordinary Judge, or in cafe of Sufpenfion , to eek the fame o the Charge at the difcuffing of the faid Sufpenfion , To the effecl , that- the fame may be liquidat , and : Decreet given therefore , either againft the party principal , or againft him and his Cautioners , as accords R XXL ACT Concerning the Election of Commifsioners for Shires. September. 17. 1681. OUR SOVERAIGNE LORD, Confidering , the great delay in difpatch of pnblick Affairs in Parliament, and Convention of Eftates, occafioned by the contraverted Elections of Commiffioners for Shires : F O R preventing whereof, and for clearing the orderly way of Election of the faids Commiffioners in time coming. THEREFFOREHis Majefty , with advice and confent of His Eftates of Parliament , STATUTES and ORDAINS, That none fhall have vote in the Elections of Commiffioners for Shires , or Stewartries , which have been in life to be reprefented in Parliament and Conventions , but thofe who at that time fhall be publickly Infeft in property, orfuperiority , and in poffcffion of a Fourty milling Land of old extent holdenofthe King or Prince, diftinct from the Few Duties in Few Lands, or where the faid old extent appears not , fhall be infeft in Lands lyable in publick Burden for His Majeftie's fupplies for Four hundred pounds of valued Rent, whether Kirk-lands , now holden offthe King , or ether Lands holding Few , Waird, or Blench offHis Majefty, as King or Prince of Scotland , And that Appnfers or Adjudgers, fhall have no vote in the faids Elections during the legal reverfion, and that after the expiring thereof, the Appriferor Adjudger firft Infeft fhall only have Vote , and no other Apprifer or Adjudger coming in pari fajfu, till their lhares be divided, that the extent or valuation thereof may appear 5 And that during the ," - • legal i in i fa «i(