Page:The Laws and Acts of Parliament of Scotland.djvu/124

 io 4 IK I N G JAMES THE F OV RT H daies to the Juftice Clerk, and prefent his proces , of the falling of the faiddoome. Andwithadvifeofour Soveraine Lord, or his Juftice there , fall incontinent thereafter, be fet, ane Juftice aire , for the difcuffing and ending of the faid doome falfed, upon fourtie daies: And the Juftice be his precepts or fummoundes, direct to the Schireffe, fall warnebaith the parties of the faid day , limit for the difcuffing of the faid doome. And the Free-halders and fuitours fall cum to die faid Juftice aire, within the Schirerledome or Stewartrie, quhair the faid doome fall be difcufted, and warde thereupon , under the paine of the unlaw of the court. A ndgifthe faid doome be falfed in the Juftice aire, anent the laid briefe, or gif there be ony uther brieves pleidable prefented to the Juftice, and in the perfute of them happenis the docme to be falfed ■ Inlikewife, after the falfing of that doome, within fifteene daies thereafter , the partie that faifts the doome, fall cum to the Clerk of Regifter, and of our Soveraine Lordis Councell , and prefent this proces of falfing of doome. And thereafter the faid Clerk of Councell, fall fchaw the famin to our Soveraine Lord , quhilk fall depute threttie or fourtie perfones, or maa or fewer , as pleafis his Hieneffe , quhilk fall have power as it were in ane Parliament, to decide and difcufle the faid doome, and the parties be warned be our Soveraine Lordis letters, of the day affixed for the difcuffing of the faid doome : quhilk fall be fet upon fourtie daies, within the quhilk time, it fall be leiffull to ony of the parties, to give in their reafones. And gif there be ane doome falfed be- fore the Proved, Baillies within Burgh, or before ane Barronne or uther Free-halders : The partie falfer of the faid doome fall cum in likewife, gif it be falfed, within the Burgh to the Chaimerlane, and prefent him the proces of rhe falfing of the faid doome, quhilk fall fet ane court of the iiij. Burrowes, upon fifteene daies , and make the faid doome to be difcufled : In likewife, quhair the doome is falfed before the Barronne or Free- halder in their courts, then the falfer of the faid doome fall cum to the Schireffe, or uther immediate fuperiour of that Court, quhilk fall fet his Court upon fifteene daies, and make the faid doome to be difcufled, and warne the parties thereto, and gar the fuitours of the Schireffedome warde thereupon. And gif it be falfed in the faid court of foure Burrowes, or in the Schireffe court , to have fik-like proces to the courts immediat fuperiour, as is abone written : And the parties to have priviledge to give in their reafons ony time , within the day limited, for the difcuffing of the faid doomes. And this to have proces in all maner ofdoomes falfing, alfvveill brieves , as uther civill maters. 96. That all meafiires and weichtes be of ane quantitie, quhilk fall be flatute in Edinburgh , be the Chaimerlane. ITEM, It is ftatutc and ordained, that all meafures and weichtes, baithpynt, quart, firlot, peck," elvand, ftane and pound , be of ane quantitie and meafure , quhilk fall be ordained in Edinburgh , be our Soveraine Lord , and his Chaimerlane and Councell. And that ever-ilk Burgh cum and fetch their meafure foorth of Edinburgh fealed and maid , and keip the famin. And quhair there is ony fermes audit in heri- tage of the auld mette , that the faid fermes be proportionate to the quantitie of the auld mette , and payed with the new mette, to the availe of the auld mette proportionally. And gif ony perfones ufe ony uther mea- fures , or weichtes in time to cum , bot the meafures and weichtes now to be maid , as faid is : It fall be ane poynt of dittay , and they to be indicted thereof , fra thine foorth. 97. That all money have courfe in the Realme, it being cracked or flawed. TEM, It is ftatute and ordained , becaufe there is and lies bene great difference and refufe in the taking of money, havand courfe in the Realme, it beand outher cracked or flawed : Therefore that in time to cum, na maner ofperfon or perfones, refufe to take for their Merchandice ony money , filverorgold, it havand courfe in this Realme : Notwithftanding it beand outher cracked or flawed, with certification, that qulia dois in the contrair, fall tine the filver that they refufe , to be efcheit to the King , and die byer to have the ftuffe, that he fuld have coft with the faid money. 98. That na Schireffe nor Officiar diftreinzie or poynd ony thing belangand to the pleuch, in time of teill'mg. ITEM, It is ftatute and ordained , that in time to cum , na maner of Schireffe nor Officiar poynd nor diftreinzie, the oxen, horfe, nor uther gudes perteining to the pleuch, and that iabouris the ground, the time of the labouring of the famin, quhair ony uther gudes or lande ar to be apprifed or poynded, according to the commoun law. 99. That the wordes of falfing of doomes be changed. ITEM, It is ftatute and ordained, that the wordes of falfing ofdoomes be changed, in this maner, that quhair ony partie thinkis him hurte, he fall ufe thir wordes : I AM GREATUMLIE HURT AND INJURED BE THE SAIDE DOOME, Therefore, I appeale and findis ane borgh in the Officiates handes of the Court, to perfew the faid appellation, conformandto the Law maid of before , and within the time, fik-like as is conteined in the faid Lawe of the Realme. 100. The