Page:The Laws and Acts of Parliament of Scotland.djvu/123

 S E XT PARLIAMENT. XL of March. 15-03. 103 9 2 . That the Mali -makers prefent their Malt to the mercat. T E M, It is ftatute and ordained , that all the Malt-makers of Le'ifh , Edinburgh , and uther places; _ about Edinburgh, and uther Burrowe Townes within the Realme, prefent their malt to the mercat in rime to-cum. And that ilk day be ane mercat day for viclualies, except the halie-day : And that they fell not the laid Make, quhill nine houres, under the paine of efcheit of all Make, thatisfauld utherwaies; And that the Proveft and Baillies of ilk ane Towne,fee that this ftatute be keiped. And that they have power toefcheittethefamin, and anfwere to ourSoveraine Lorde zeirly therefore in his Checker, quhais handes that ever it be ioundin in : And diat the Malt-makers take na mair for the making of ane Chalder of Malt, hot ane boll olBeare: And quha dois in thecontrair, fall be repute opprefloures of the Kingis lieges, and dittay tane thereupon to the juftice aire. 9 3 . That the inhabitants of annexed and unite landcs to uther Barronages fall 'anfwere to the J 'uft ice aires, Schireffe courtes, quhair the landes lyis. ITEM, Becaufe it hes bene ane defrauding in execution of juftice, that quhair lands hes bene annexed and unite in ane Barronnie, quhilks lands lyis in findrie Schirerldoms, throw the quhilk the inhabitants ofthefaidis lands fa annexed, hes never anfwered in Schirette court, nor juftice aire , in the Schireffedome, in the quhilk they lye, becaufe the Lordlhip, that they were annexed to, lyis in ane uther S'chireffdome : Therefore it is ftatute and ordained in time to cum, thatever-ilk Bafrofcnie, and the inhabitantes thereof, fall anfwere in Schirette courte and juftice aire, quhair the faid Barronnie lyis , and there be haiden to com- peir, baith be arreift of liis Schireffe, Officiar and Crowner, notwithstanding the faid annexations: And the annexation fall fufflce allanerly for the Lord, that hes the faid landes- annexed, to give their prefence, and fervice in the place, quhair they ar ordained be the faid annexation. 94. Of exceptions to be proponed againft the brieve of inqueft: Snmmondes of ajjlfors: Proclamation of brieves. ITEM, it ftatute and ofdained, that becaufe there hes bene in time by-gane , great abufion in the pro-^ poning of exceptions frivoll, againft the brieve of inqueft , and perverted the ordoure and nature of it , as it were ane brieve of pley : Therefore for the efchewing of fik frivoll exceptions in time to-cum : It is ftatute and ordained, that na exception availe againft the faid brieve of inqueft, it beand cryed openly upon fifteene daies, with the indorfing of the Officiar that cry edit, conteinand twa witnefies, and his feale or fignet , bot the exceptions followand allanerly : That is to fay, againft the judge, againft the inqueft, and the excepts ions of baftardrie, and that to be proponed in the forme of the auldLaw : And as anent the exception maid anent the fummonding of inqueft, upon fifteene dayes before, after the forme of the ftatute of King Robert ; quhilks maks mention, that the inqueft fuldbe fummound upon fifteene daies before •. It fall beleiffu 11 not- withstanding the faid ftatute to the Schireffe, or ony uther Officiar , that is judge to the brieve of inqueft, to fummound the faid inqueft upon quhat daies he pleafis, or upon fchorttime, notwithftanding the faide ftatute: And gif they be prefent in the i ol-buith un-fummounded, fa that there be nane uther lauchful exception againft them, it fall be leiflull to the Schireffe or Officiar , to compell them to pafie upon the faid in- queft. And attour, becaufe there hes bene ane abufion in the crying of the Kingis brieves in Stewartries and Bailkeries, quhair they were cryed at ane Hill, na confluence of people being there, throw the quhilk na knawledge thereof micht cum to the partic : Herefore it is ftatute and ordained, that all manner of brieves of inqueft, fall be cryed at the mercat croce of of the burgh openly in plaine mercat , quhenmaift confluence of people is gaddered. ova that the crying thereof, may cum to the knawledge of the partie de- fender, quhair it fuldbe ferved, and quhat day. And that the faid brieve be thrife cryed plainly togidder, and betwixt ilk crying die fpace of all the three cryinges. And that all Officiares of the Towne be warned to compeir at the faid proclamation to beare witnes : And gif it fall happen, that the Anteceflbr of ony clam- and richt, deceafe fa nere the terme oUVhit-funday and Martin-mes , that the perfewer may not get it upon ane mercate day, for nearnes of the terme of Whit-funday or tMartin-mes , in that cafe , itfallbeleiffulto him to gar cry his brieve upon ony oulke day : Swa that he have the Officiares of the Towne, and part of die honeft perfones to the number of fex perfones , faifand to our Soveraine Lord , his warning upon fourtie daies, after auld ufe and confuetude. 95 Oftheprocesoffalfingofdoome. , ITEM, It is ftatute and ordained, becaufe there hes bene great abufion of juftice, andgreate expenfes to the partie perfewand their lande and heretage be the brieve of richt, and uther brieves pleidable-De the proponing of exceptions frivoll and borghes and recounters, and falfing of doornes , throw prefuming of de- layes : i hat therefore in time to cum, quhair ony dooome is falfed , outlier upon dilatour or peremptour exception, or utherwaies in the perfute of the briefe of richt, the partie that falfis the faid doome before the Schireffe, Stewart, Baillie, or ony uther OfHciar, or their deputes, fall cum within the fpace of fifteene, dales