Page:The Laws and Acts of Parliament of Scotland.djvu/237

 I SEXT PARLIAMENT. XX. of October. 1^79. aiy befoir the ordinar Judge, within three zeires after the committing theirof , utherwife the perfeweris alledged hurt, never to be heard thereafter. Providing that this Act extend not to Minours, bot to perfew within three zeires after their perfite age. 8x. Trefcripion in canfes of Remooving. T E M, It is ftatute and ordained be our Soveraine Lord , with advife of his tliree Eftaites in Parliament » ^ that all actions of Pvemooving be perfewed within three zeires after the warning, with certification & they failzie ; the warneris fall never be heard there-after to perfew the famin upon that warning. 83. Trefcripion in certaine canfes of debt. ITEM, It is ftatute and ordained be our Soveraine Lord, with advife of his three Eftaites in Parliament , that all actiones of debt, for houfe-mailles, mennis ordinars , fervands fees , Merchantes comptes , and uther the like debts, that are not founded upon written Obligationes , be perfewed within three zeires, uther- wife the creditour fall have na action, except he outher preile be writ , or be aith of his partie. 84. x^Againft the deftroyeris of planting, haningand plicie. FORSAMEIKIL As there is findrie lovabill 8c gude Acts, maid be our Soveraine Lord, & his maift Nobill Progenitouris, fpecially be his hienes Gudfchir King James the Fifth , of gude memory , anenti planting of Wooddes, Forreftes and Orchardes, favving of Broome, againftthe deftroyeris theirof, brea- kerisofDowcattes, Cunningaires, Parkes, ftankes, zairdes, flaying of Haires, makeris of Mure-burne in forbidden time, and findrie like uther thingis, for punilhmentot the deftroyeris of plan ting, haning and policie. Quhilke Acts, our faid Soveraine Lord , with advife of his tliree Eftaites in this prefent Parliament, ratifies, apprevis and confirmis , and ordainis them to have effect and execution in time cumming , not only upon the contraveners theirof, bot alfwa upon the deftroyers and ftealeris of Bees, and cutteris and puileris of Broome, with this addition •. thatquhat-fumeverperfonftealis, pealis, and deftroyis green-wood, pullis or cuttishaned Broome, breakis zairdis, or Orchardes, without the gude will of the a wner : That the of- fender being taken reidhand, may be perfewed , andputtotheknawledgeofaneAiTife, befoir the Barron or Landes-lord of the land or ground, quhiddcr the offender be his tennent, unto quhom thewraflgis done or not, within three dayes after the apprehenfion; And uthers not taken reidhand, to be alwaies perfewed beioirtheSchirefTe, Steward, orBaillie, within quhais boundes and junfdiction the wrangdoer dwellis. And gif he that receivis the wrang and hurt, be Schircffe , Steward , or Baillie himfelfe, then the wrangdoer j to be perfewed befoir the unfufpect depute of the faidis Schirefle , Baillie or Steward , receivand the wrang. And for the flrft fault, being convict, be his awin confeliion or witnefle, fall pay to the awner of wood, broome,' orzaird, theavailloftheskaithdone, togidder with ten pundes ; For the fecond fault, fall pay to the faid awner twentie pundes, with the availl of it that is deftroyed ; And for the thrid fault, fall pay to the faid awner, fourtie pundes, and the availl of it that is skaithed : And fra thine foorth , fa oft as the offender tail- zies theirafter, the faid thrid penaltie to be payed to the awner of the Wood , broome or zairdes. Bot in cafe the committer of the wrang be unrefponfall, he fall for the firft fault be put in the ftokkes , prifon , or irones audit dayes, on bread and water : And for the fecond fault , fifteene dayes ; & for the thrid fault, ane moneth to lye in the ftokkes, as faid is, and to be fcourged at the end of the faid Moneth : And this but prejudice, to be called at Juftice courts, at our Soveraine Lords inftance, conforme to the former ufe and auld Actes. And that the paines for breaking of Dowcattes, Cunningaires and Parkes, be according to this prefent Act and addition abone written. And in cafe the offendours be not refponfall in guddes, for the faidis paines, for the firft fault to be punifched, as is abone written, for the fecond fault the paine likewife abone exprefied , and for the thrid fault hanging to the death. 85-. Ratification of the Trivi ledges of Burr owes. OUR Soveraine Lord, and the three Eftaites of this prefent Parliament , ratifies and apprevis all and findry Priviledges, Liberties, Immunities, Freedomes and Actes of Parliament, maid and granted, be quhat-fumever his Majefties maift Nobill Progenitoures, in ony time by-gane, in favoures of the Burrowes* and Burgefles theirof : And decernis and declaris all and findrie the faidis Acts and conftitutions, to have full ftrengtli and effect in all times heiraf ter, and that the famin be put to full and dew execution in all pointes, after the forme and tenour theirof, and to ftand as ane perpetuall Law to the faidis Burrowes and Burgefles , and their fuccefioures in all time cumming. And the Lordes of Councell and Seffion to give and direct let- teris, atthefupplicationoftheProvefts, Alder-men, and Baillies of Burrowes, as are aggreabill with the faidis Lawes and Actes of Parliament, in all poyntes. 86. Foir-ftalling and tranfporting of Herring and quhite Fifth. ORSAMEIKLE As divers Actes lies bene maid, be our Soveraine Lordis maift Nobil Progeni- toures in time bygane, Ordaining that the flayeris of Herring and quhite fifch , fold bring the famin to the I i ^ fiext F