Page:The Laws and Acts of Parliament of Scotland.djvu/144

 124 KING JAMES THE FIFTH ' 72,. t_y4ll Temporal Judges, fiild fit their Court es upon fifteene dales. ITEM, Becaufe our Soveraine Lord lies bene, and isofgude will and minde to have Juftice fchortelie done to all his lieges, fwa that throw lang proces , his lieges be not lang taried and vexed in greate expenfes : Therefore lies ftatute and ordained, that all Schireffes and Temporal judges , fall in times cumming , in all perfonal aftiones, fet their courtes peremptourlie upon fifteene daies : And direct their precepts thereupon , and at that day proceede fiimmarie & de piano -. The partie being warned upon fifteene daies, and make fik proceile in all thinges, as is ufed before the Lordes of Councel and Seffion : Notwithftanding onie auld Lawes and conftitutions maid thereupon of before ; And all uthers maters and actiones to have fik precede, as they have had in times by-gane. 75. Of the qualities and alth of deputes. fT E M, That all Schireffes and uthers Officiares of the Kingis within this Realme , make their deputes , aneormaa, gude and wife fubftantious men, of bed fame, knawledge, underftanding, and expe- rience, within the Schireffedomes , and leaft fufpect : for quhome they fall anfvvere for adminiftration of Juftice, to all perfones indifferentlie. And that they caufe their deputes to be maid, creat, andfworae in plaine courte , and ane acle maid thereupon : And gif they continue their deputes langer then for anezeir, that they caufe them zeirly to be fwprne to their offices, for the adminiftration of Juftice , at the head courtes after OHichael-mes. 74. The Indorfat Ion of all letters fidd be fiamped. ITEM, That all Schireffes, Stewardes, andBaillies, caufe their Maires and Officiares , quha fall exe- cute the Kingis letters and charges, or their avvin precepts , to have ane fignet , and in it graved the firft: letter of their name, or firft of their fur-name, or elfe fum uther thing, that fall bee univerfally knawin to be their fignet , with the quhilkis they fall fignet ail letters and preceptes execute be them, and indorfat ira times to-cum: And that naindorfation fall have faith, nor be admitted, bot they that ar figned with the faids fignettes. And fik-like, that all officiares of the Kingis, have their fignettes in maner forefaide: And fignet all letters and charges execute and indorfat be them, under the paine of deprivation of them fra their Offices, that makis ony fik executiones , without their fignettes forelaidis. And gif ony of their exe- cutiones wantis their fignet, the famin fall have na faith. 75-. The or dour of fitmmoundlng of all perfones In Civlll asllones. ITEM, For efchewing of greate inconvenientes andfraude, done to OUR SOVERAINE L O R D I S Lieges, be fummounding of them at their dwelling places, and oft-times falsiie, andget- ns never knawledge thereof : IT IS ftatute and ordained, that in times cumming, quhair ony Qfficiar or Schireffe in that parte, paffis at commande of the Kingis letters , or the Schireffes. , Stewardes, Barrcn- nes, or Baillies precept, to fummounde onie partie , git they cannot aporehende them perfonallie, they fall pafle to the zett or dure of the principal dwelling place, quhair the perfon to be fummounde dweliis , and hes their aftuall refidence for the time, and there fall defire to have entrefte, quhiikgif it be granted, they fall firft fchaw the caufe of their cumming: And gif they cannot get the partie perfonallie, they fall fchavv their letters or precept before the fervandes of the houfe, or uther famous witneffe, and fail execute their offices and charge, and there after fall offer the copie of the faidis letters or precept to ony of the fervands , quhilk gif they refufe to do, that they affix the famin upon the zett or dure , of the perfones fummound : And fik-like, gif they get na entreffe , they firft knockand at the dure fex knockes , they fall execute their office be- fore famous witneile, at the faid houfe and dwelling place , and affixe the copy upon the zett or dure there- of, as faidis, quhilk fail be leiffull and fufflcient fummounding and delivering of the copie, and the partie, nor Ofriciar fall not be halden to give ony uther copie, bot at their awin pleafure. And everie officiar in his indorfation, fall make mention of his awin execution , in maner forefaid. And the partie at quhais inftance, the letter or precept is direct, fall pay to the Officiar executour the expenfes of the copie affixed, as faid is: And fall be taxed and given againe to him, at the giving oi the decreet or fentence, gif he happenis to ob- teine : And gif the Officiar beis foundin culpable in the execution of his office, he fall be put in our Soveraine Lordis prifon, and puniflied in his perfon and gudes , at the Ki ngis Grace will. j6. The election and examination ofNotars. tTEM, Anent Scribes and Notars, baith to lande and Burgh, becaufe it is under fbnde to the Kingis I Grace, that the multitude of them generis ane great confufton , monie falfettis ar committed : For remeid hereof, It is ftatute and ordained, that everie Schireffe , with fik perfones as fall pleafe the Kingis Grace toadjoynetothem, fall call before them, all Notars that ar kick men, within his Schireffedome, and boundesof his Office, and examine them, and quha that ar halden to be famous and able men to execute die Office, that they be admitted be ane afte in judgement: And that the faid Schireffe have ane buik, and