Page:The Laws and Acts of Parliament of Scotland.djvu/835

farycaufeof abfence: And that Minors lefed by their abfence, have aftion of damagesagainfttheirTutors, and Curators allanerly. But if the Minor have none , that he be redored as accords, lam. 6. par. 9. cap. 3 ■ Albeit this Aft be de- clarative,and was made to comprehend all caufes then depending,and undecided, yet it is afterward reftr/fted to reductions of fuch Decreets , as were obtained after the making thereof allanerly, Jam. 6. par. to. cap. is. Ratification of the Aft, lam. 6. par. 18. cap. 10. In Horning, and that Lettets of Poinding be in like manner Directed upon Sheriffs, CommiiTars, and other Inferior Judges Decreets, mentioned in the faid Aft, and this Aft drawn back to the Twelfth of June, 1649, Car. 2. p. i.Sefl. i.cap. 29. That poinding be not ufed upon Bands, or Decreets, for rerfonal Debts, until the Charge be given and expired , underthepainof Spuilzie : But prejudice of Matters Decreets againft their Tennents , in their own Courts, and Supeiiors poind- ing for Few-den ties, as formerly, Car. 2. p. 2. Seff. 1 . cap. 4. istffis of Tarliament , &c. PREROGATIVE, See King , and Oath of Dl POOR, See Beggers. For preventing the encreafe of Beggers, his Ma jellies Leiges at fight of Pro- ved, and Baillies within Burgh, or of Kirk Seflions , either to Burgh , or Land- watt , may receive the Children of Indigent Parents , with confent of their Pa- tents, if they any have, and if they be under fifteen years, and with their own content if above , and breed them either in their Houfes , or at Callings ; and upon aTeftimonial hereof, the faids Children iha]l be aftrifted to their laidsMaftets, their Airs, and Ailignes, in all manner of Service, and be under all manner of Difcipline, (life and torture excepted) until they be paftthittie years of age, and all their gainby their travellhall be their Maders, and they ihill be bound to re- found his damage for their abfence, and who keeps them from him after Requi- fition for redelivetie upon Twelve hours, fhallbelyablein Tenflullings.per diem, befidetheredeliverie, Jam. 6. p. 22. op. 10. Ratified, with this Addition , that all Mailers of Manufactories, may with ad- vice of the Magidiars of the place, feize Vagabonds, and idle Poor Perfons, and imploy them in their work, and exaft off the Parodies where they were born, or if not known, the Paroches where they have haunted for three years before, two fliillinv , ferdiem, for the next thtee years, in manner prefcribed in the Aft. And thereafter may retain them feven years in their fervice, for Meat and Cloaths, Car. 2. p. r. Seff- 3.cap.i6. Theoverfight of the Poor committed to the Juftices of Peace, who are Im- powered to appoint two, or more Overliers , in every Paroch, and take accompt of them as in the Aft , far. 2. par. 1. Seff 1. cap. 38. See it in Juliices of Teace. Order for appointing , and entertaining one , or more, in each Paroch, on the Heretorsexpences, to teach poot Children, Vagabonds, and Idlers, to fine and mixe Wool, fpin Worded, and work Stockings, Ibid. cap. 42. Aft for eftablifliing Correction Houfes, for Idle Beggers, and Vagabonds, in the Burghs, upon the allowance, and in way ,and manner fully let down in the Aft. far.2.p.2.Seff.3.cap.i8. POPE. Aft Ratifying the Aft of Parliament, za,Atiga(t, 15S0. abolifliing the Popes Jurifdiftion, and Authority , within this Kingdom, lam. 6. p: neap. 2. That all fiulles , Provifions, Confirmations, and Gifts of Benefices, gtanted by the Pope, or Queen Mother, ro the King, be produced before Commiujo- ners to be appointed by his Majeity , and in cafe the fame be found true , and law- fully purchafed , before the Twenrie fourth of Aitguft , ijSo. that they be Regiitrat, and marked, otherwayes, that they be declared null, Jam. 6.par.3. cap. si. P O Y S O N. That no Man, nor Woman, inbring any kind of poyfbn, through whichlMan or Woman may take Bodily harm, into the Realm, for any manner of ufe, un- der the pain of Treafon,Iam: 2: par: 7: cap: 30. And this Aft extended againlt Strangers, Ibid. cap. 31. PREACHING. That none be permitted to Preach without Licence of the Ordinary", Tar. 2. par. 1: Sell. 2. cap. 4. PRECEPT. That Ptecepts upon retouts pals as before to the Sheriffs , and other Judges, with ihecliufe capiendo fecuritatem, without urging Parties to prefent payment , jam. <5. p. 1 2. cap. 124. That no P.ecepts of faifine be thereafter written , to, or under the Quarter Seal, but that they be ingtoffed in the end of the Charter, Car. 2. p. 2. Seff 3- cap. 7. PRELAT, and PRELACIE. When Prelacies, that is Bifhopricks, and Abbacies vaik, the nomination thereofpeitainstotheKing, and the ptovifion to the Pope, and that none take theit Places, Caftles, Strengths , or Abbacies, without the Kings Authority, or the Conventsconfent, the ADbacie vaicking, under the pain of highTreafon, Jam: s: p.- 7. cap: 125. That all Gifts, and Difpofitions of Prelacies, Abbacies, Priories, and Nun- ties, madeby theKing upon the Refignation of the Poffeffors, rcferving their Life-rents, ate null, and that no Gilt of any Trelacy bevalide in time coming, exceptitvaickbe deceafe, Fore-faultute , orfimple Dimiffion, Jam. 6. p. 9. c. 1. But this Aft cotrefted , anddeclatcd to be of fotceonly , tjm ad futura, and Gifts made after the date thereof, lam. 6: p: i3:cap: 1S2. And for obviating of Frauds as to antedates, all Girts not pad with all Solemnities, and fpecially not exped thtough the gteat Seal, before the making of the faid Aft , Jam. 6. p. 9. c. 1. are excepted , and declared null, Jam: 6: p. 15. cap. 274. That Prelats be free of warrandice except from faft and deed , in refpeft of the Annexation, 1587. Jam. 6. p. n. cap. 1 10. Seeitin Annexation. That Ptelats , and Other beneficed Perfons , have releif of Taxations upon their ValTals, Penfioners, andTackfmen, Ja 6. p. 14. cap: 22s. That allMinifters provided to the title of an Biftiop, Abbot, or other Pre- late, have vote in Parliament, fitlike as Prelats had of old, Jam. 6. par. 15. cap. 231. That two part of the Spit itualiry nnaffumed of all Prelacies vaicking , and Rents, and piodts thereof, fide vacante, appertain ro the King, and may not be drf- ponedbyPenfion, Gift, orothejwile, Ibid. cap. 242, ^Allegiance. PRESBYTERY, SeeKirk. PRESCRIPTION, and INTERRUP- TION. Obligations prercribe, if the Partie to whom they are made, follow not the lame within tourty years, and take document thereupon, Ja. 3. p: 5 c.zp. ex- tended to bygone Obligations, elder then fourtie years, and not depending in Law, the time of the nuking of the forefaid Aft, Ja: 3: p.- 7: cap- ss That Summonds of Error ofInquefts.be perfued by the Partie lefed, It Major and within the Realme, within three years , otlietwilehe toll never be heard in thataft.on, 01 to reduce the faid Error, Ja: 4: p: 5: cap: s7 . But cor.efted , and rednfted to the Members of Inqueft, lo as they may not be made lyable afr-r three years tor Error, without prejudice to the partie lefed to perfew for reduction ofretoures, to be exped in time coming, wiriiin the (pace of twenrie years for recovery of his right, alter which fpace allanerly, the laid Aftion of Reduction is to prefcribe , but this Aft prejudges not fuch as have already acquired , bona fide from Perfons rerouted before the date thereof, Ja: 6: p.- 22:cap: u. Anno 1617' Actions of Spuilzie. Ejections, and Others of that nature prefcribe, if not per fewed within three years, attercommittingof the deeds, unlefsthe pirtie lefed be Minor, who is allowed three year after his Majority, Ja: 6: p: o:c.ip Si- Ratified Jam: 6: p: 7. cap: 119. r Aftions of removing prefcribe in like manner, if not perfewed within three years after the waitnrng , Jam: 6; par: 6: cap: 82. but without any exception as to Minors. r All Aftions of Debt for houfe mails, mensordinars, Servants Fees, Merchants Compts, and others rhe like Debts, not founded 00 writ , prefcribe, if not per- fewed within three years, unlefsthe Teriewer offer to prove his Clainbv Writ or Oathof Party, Ibid: cap: 83. ' Noneceflity to produce Procurators, and Infiruments of Refignation , Tre- cepts of Clare confiar , or any other precept of faitin, nor Ihall the want thereof be anecaufe of reduftion after foiury years poffeffion, by the Fatty, and his Au- thors, be venue of theit Infeftments, and where the Charter making mention of the Refignation to have been made , and the Initrumentsof Saifin mentionin» the Precepts are extent, lam: 6: p: 14: cap: 214. Where a Chattor and Saifin , or where there is no Charter , Infiruments of Saifin one or more, continued and Handing proceeding on retouts, or pre- cepts of dare confiat are produced . and the Fatty and his Authors by themfelvs or others having their right by vertue thereof, in fourrie years peaceable, and un- jnterupted poffelfion of the Lands , and other Heretages therein contained the lamenare declared ro be good, and unqueflionable rights, upon any ground whatloever, except falfliood , that all aftions upon bands, or any other ground whatfoever, be perfewed within fourtie years, after the date thereof, unlets rhe ground of the action be a reverfion , in the body of the Defenders right , or ducly Regillrat, in which cafe the Aftionisdeclared to be perpetual. Aftions' of war- randice prefcribe notfrom the dateof the Obligation , but from the date of the diftrefs: But the years of the minoritie of the Party againft whom prefcription is ob|efted, arenotcounted to make up the fourtie years Courfe thereof, andthir- ten years allowed to fuch , againft whom fourtie years Trefcriprion was run before the making of this Aft, in wTjjch tpace, they may intend their Aftions for inter- ruption, and yet they ate not compellibleto infill on the firft Summonds, un- lets the fecond Summonds be alio given, Jam. 6. par. 22. cap 12 ->s 'tune 1617. " Aft Ratifying his Ma jellies Letter, dated 12. Nov. 1629. and Afts of Seffion and Secre Council following thereon.and Publication of the fame.for interruption of the Prefcription of the thretteen years, in favours ot his Ma/'edie, according to the preceeding Aft, Car. 1 . par. 1. cap. 1 2. That Arreft merits on Decreets, as alio on depending Aftions, not petfewed within five years aftet Sentence .Ihall after that time prefcribe, Mtnifters Stipends andMulturs, not petfewed within five years after tney are due, and Mails and DeWtiesnotprefewed within five yeats after the Tennents removing, doe there- aftet prefcribe , unlefs they be proven to be reding by writ, or Oathof Party, all bargains of Moveables, or fumsof money probable by witneffes, prefcribe asto that mannerof probation, after five years, all Aftions on Wairnings , Spuiizies, Ejeftions , Arreftments , Minifters Stipends , and others forefaids , prefcribe withinten yeats, unlefs wakned every five years, but prejudice of thoner prefer! p- tions of any of the faid Aftions, appointed by former Afts , and Holograph mi'l- live Letters, and Holograph Bands , fubfenpuons in Compt-books without wit- neffes prefcribe after twentie years , unlefs the veritie thereof be offered ro be pro- ven by Oath of Tarty, but noue of thefe prefcriptions run againft Minors, Car. ! par. 2. Seff t. cap. 9. That all Interruptions as torlghtsof Landsby Citations, be thereafter made by Mefiengers Perfonally , orar the Parties dwelling houfe, and at the Paroch Church, at, or after Divine Service, and that all Citations for Inteiiuption, be renewed every feven years, or elfe prefcribe, except the Parties be Minors" Ibid. cap. 10. As alfo that the Execution be made berore witne-fles preterit at the doing, andlublcribiijgtothe Execution, Car. 2. p. 3. cap. j, PRICES. That Matrons, Proveds, and Baillies, fet prices upon Bread, Ale, and all Other neceffarie things, wrought, and bought, and that they appoint PrievCts Examinators, Ja. 4. p' 5. cap. 56. Ratified, and that they appoint Statutes in the premiffes, and punilh the break- ers, and if they failzie herein, that they incurr the pain of An Hundred pound la. 6. p. 7. cap. 121. That the King give Commiftion fotfetting priceson Crafrf-mens work, and Stuff, Victual , and Salt , with power to punifli the Tranfgrefiburs , la. s. p. 4. cap. 30. That Provefts Baillies, and Council of Burghs, fet priceson Wine , Salt, and Timber, as they arrive at any Port : And that the King , and his Z-otds. and Gentle- men , befirft ferved la. s.p.7.cap: 100. Ratified, and that the prices fet, be Proclaimed, and none of the faids Gudes fold for four dayes thereafter, that the faids Perfons may be adverifed , Q: M: 0:6. cap. 57. Prices fet on wild , andtameFoul, and that the Buyer, orSeller, that breaks the fame, tine all his gudes as efcheat , and hisPerfontobein will : And in this Aft the black Cock is but Sexpennies , and the tame Hen 13 eight pennies, Q. ji.p. 5. cap. 12. That reafbnable prices be fet on Craftf-mens wotk, and all Viftuals, to Bur»h, andLandwart, by theMagidrats, and Sheriffs, Ibid. zip. 23. That no Merchant, Home-bringer, or Portionerof Wine, and Timber, be a fetter of Prices on the fame, during his office, but that twoBarrons, or Landed- men, be named at the Michaelmas head Court , in each Shite, and other two bytheKing, andhisConncil, all dwelling within Burgh, or Sex miles thereof, and with them four to be chofen by the Burgh, and that thefe eightbe the only I Pricew;