Page:The Laws and Acts of Parliament of Scotland.djvu/184

 k5 4 g, V E E N E CM A R I E Comptroller: Maifler JOHN SPENSE oiCondie, Advocate to OUR SOVERAINE LA- DIE, Maifter THOMAS MAKCALZIEANE, Commifiioner for the Burgh of Edinburgh : Maifter JAMES HALIBURNTON, Tutour of Tctcyr, Proveft of "Bundle ■. And JOHN ERSKIN o{Dtm> VmveR.o{ Montrq/e: AndgiveintlieirfupplicationetothehaillLordesfore-faid, gif they chance to be prefent togidder , and failzieing thereof , tothefaidis Chancellar, Prefident, Cierke of Regifter, or Advocate, within this Burgh of Edinburgh , bearand the tenour of the perfute and ailegeance of the Law of Oblivion , for the defender or perfewer for reduction : AndthefaidisLordes, oroniefexof them , three of the faidis Earles or Lordes alvvayes being of the faide number : Quha fall give their declara- tion upon the faide exception proponed civilie , and put the famin in writ, in the Regifter , qtihidder the de- fender or perfewer to reduce bee worthie, and fulde bruik , joyis, and have the priviledge oi the faid Law: And as they declair the famin to be obferved, Videlicet, Giftheybenotworthie, theLaweto beenafuffi- ciente exception to them, and the Judges , quhom before the faidis exceptiones fall happen to be proponed, fall incontinent thereafter proceede, according to the declaration of the faidis Lordes , to be fchawen to them, extract and drawen foorth of the Regifter, authenticklie fubfcrived be the Cierke of Regiiter , or his deputes, and na utherwayes, and do juftice to the faids perfevvers or defenders , and admit or repell the faid excepti- on, or admit pioteftations , as the Law requiris. AND SICK-LIKE, Gifonieperfon or perfones, callis orperfewis uthers criminallie, or intendis to doe the famin, for onie crime done within the time forefaide, thepartiequha is charged to underlie the Law.e, findand fovertie , fall cum with the copie of letters or fummoundcs , quhairby he is charged to fchaw the famin to the faidis Lordes, oroniefexof them : Three of the faidis Earles or Lordes being of them: Quha fall declair quhidder the partie defendar, be worthie of the faid Law or not : A ad as they declair , the juftice to proceede, or to defiffcfra proceeding, as the ordinance to be maid and given there -upon be the faidis Lordes fall beare, fubfcrived, as is before fpecified : Andin-cafeofin-iaik, of onie of the number of the faidis Lordes, chofen to the effect forefaide, within the fpace under-written : It fall be leafum to the remanent, then being on live, to elect and chufe fa monie uthers in their places, quha fall declare the faid Lawe, in maner forefaid , within the time and fpace within rehearfed. PROVIDING Alwayes, thatquhat-fum-everof OUR SOVERAINE LADIES Lieges, had, hcs, or pretendis ony action criminallie or civilie, or reduction oidecreetes els given in maner fore- faid, quhairof the deede was done, committed, or affifted to, fra the forefaid fext day ol March , the zeir of God, anethoufand, five hundreth, fiftie audit zeires , to the faid firft daye of September , the zeir of GOD, ane thoufand , five hundreth , three fcoir ane zeires ; that they intent and perfew the famin before the Juftice, his Deputes, the Judges Ordinares, alfweill in Regalitie , as Royaltie , betuixt this and the firft dayofAuguit, the zeir of GOD, anethoufand, five hundreth, threefcore foure zeires : Declairandbe thir prefentes, that quha that perfewis not within the faide fpace , they, their aires, executoures or affignayes fall never be heard to perfew the fame, or have action thereto againft them, quha will alleage the forefaid Law of Oblivion. NOTWITH-STANDING, Quhat-fum-ever Jurifdiction, priviledges s Lawes, or conftitutiones , quhilkis the faidis perfones , or onie of them had , hes, or may pretend or acclaime , as granted be OUR faid SOVERAINE L A D I E , Her Grace Predecef- foures, or uther Judge or Judges quhat-fumever. AND SICK-LIKE Ordainis, this decla- ration againft Minores, or uthers quhatfumever, that may pretend priviledge of na prefcription be the Lawes of this Realme, or uther quhat-fum-ever Lawes , that they make perfute to their faidis aftiones, within the fpace and time forefaid : Videlicet, the faidis Minors with advife of their Tutoures or Cura- toures. PROVIDING Alfwa in likewife, that in-cafe the faidis Minors be hurte be negligence of their faidis Tutoures and Curatoures in their faidis actiones, quhilkis they had , or pretendis to have , for quhatfumever deede, caufe , or action , done or committed , during the fpace forefaid , that the faidis Tutoures and Cura- toures, fall be halden to anfwere for the damnage and skaith fufteined, and tobefufteinedbethc faidis Minors there-throw, and they to have fuflicient action againfl: them , for recovering thereof, as done in their default and negligence , and fall have na action againft. the principall pedbn, committer of the faid deede, at onie time hereafter. And uthers perfones, that may pretend priviledge in maner forefaid, never to have action in likewife in time cumming. 68. lyfnent cruves andz-aires. TH E Queenis Majeftie, and the three Eftaites of this prefent Parliament , ratifies and apprievis the acte maid be her Hienefie maift Noble Gud-fchir, King JAMES the Fourth of gude memorie , of the quhilk the tenour followis. ITEM, It is ftatute and ordained, that all cruves and fifh dammes that ar within Salt waters that ebbis andflowes, bealluterliedeftroyedandputdowne, alfweill, they that perteinis to our Soverain Lord, as uthers throw all the Realme. And anentis cruves in frefli waters, that they be maid in fik largeneffe, andfikdayes keiped, as is conteined in the adles and ftatutes maid there-upon of before, with this ad- dition following : That is to fay, that all cruves and zaires , that ar fet of late upon fand , and fchaulcies , far within the water, quhair they were not of before, that they bee inconrincntetanedowne and put away, and