Page:The Laws and Acts of Parliament of Scotland.djvu/305

 ELLEVENTH TARLIAMENT. XXIX. of Julij. i?8 7. 285 to fummound Affifes, ilk perfon, under the paine often pundes. As alfwa to fend their extraftes to the The- faurer, after everieane of tlieir four meetinges, totheeffecl, the paines and uti-law therein conteined, may be taken up: Quhairofcompt,reckning, and payment fall be maid, at the nixt Checker, and the charges and expenles of the faidis Juftices and Commiffioners, allowed therein , in fik quantitie , as fall be modified and appoynted, bee the Lordes of his Hienefle Checker, betuixt and the firft day of November, nixt-to- cum. And in-cafe of difobedience or contempt, that they notifie the fame to the Kingis Majefties deputes, at the faidis Juftice airis. And gif they alfwa fall finde them contemned and difobeyed ony waies : to fignifle the fame to OUR SOVERAINE LORDE, and his fecreit Councell, quha fall provide for punifh- ment of the contempt, be force, to the terrour and exemple of utheris oflendoures, to commit the like in time cumming: And the faidis Juftices of baith fortes, for the fpace ofanezeir, and further, induring OUR SOVERAINE LORDIS will, toindure. 8x. Hochares or Jlayeres of horfe, Oxen: deftroyersofpleuch-graith, trees, comes , or breakers of milnes , fuld be pumfhed as thieves. ITEM, his Hienes ratifies the acl: maid anent the punifhment of hochares of oxen, horfe and guddes in time of labouring ; With this addition : That quhat-fum-ever perfone or perfones cuttis and deftroyes pleuch and pleuch-geire, in time of reeling , or willfullie deftroy is and cuttis grow and trees and comes, Fall be called theirfore, before the Juftice or his deputes , at Juftice aires , or particular diettes , and punifhed therefore to the death, as thieves. And the fame paine to be extended, and flrike on breakers of milnes, or flickers, gorares, and fellares of oxen or horfe, intimeofleedingofcornesorfewall. 83 . Officzars ofarmes, convict of fa/Jed, fuld be punifhed to the death. ITEM, It is flatute and ordained, that Officiares ofarmes, committand faffed or oppreflion of the Lieges, in execution of their Office, fall be called therefore , before the Juftice, or his deputes , at Juftice aires, or particular diettes, and punifhed to the death, in-cafe they be found culpable. 84. 1)eforcers ofOfficiars, fuld be punifhed at the Kings will. ITEM, It is ftatute, that all deforcers of Officiares , in execution of their Office, be fummound upon fifteene daies warning , civillie or criminally, at the option of the party perfewer, and their lives and guddes to be in the Kingis will therefore. 8 5- . Letters of Law-borrowes fuld nocht be granted again ft complices generalize : Anent caution to be found be the raifers thereof. ITEM, It is ftatute and ordained : That feeing in times by-paft, letters of Law-borrowes , being given with this word (Complices) be the Clerks of Seffion, hes imported, and dayliedois import great skaith, I damnage and heirfhip , to findrie of his Hienefle Lieges , beplainecollufion, betuixt the parties purchafers, and Officiars executors of the fame. That therefore na letters of Law-borrowes , be granted in times cum- I mine, beonieClerke, with power to charge complices : And that caution bee found to the Juftice Clerk, all perfons conteined therein, ather perfonallie, or at their dwelling places, and be open Proclamation at the mercat croces , of the head Burgh of the Schif e , quhair the parties dwellis , betuixt audit houres in the I morning, and twelve houres at noone, Summer and Winter , in open time of day ; In prefence of famous witnefles, fpeciallie defigned, and Copies affixed upon die zettes or doores of the dwelling houfes of the perfones conteined therein, with the haill names : And an uther on the mercat-croce , under the paine of twa hundreth markes. And willis and declairis, that this be alfwa obferved in all criminall letters, and utheris quhat-fum-ever, that importis tinfell of life, and moveable guddes. 86. The time offenfing of Court es. ITEM, It is ftatute and ordained, that all Judges, and amangft the reft , the Juftice deputes, keepe the houre of Caufe, in fenfing and proceeding in tlieir Courtes, in times cumming , as it was obferved of auld, i Viz. At elleven houres, before noone. 87. Expenfes of 'the partie accufed and acquite. ITEM, It is flatute and ordained, that quhair parties ar maliciouflie charged , to underlie the Law , at particular diettes, before the Juftice , and his deputes , in-cafe they be found innocerit , and clenged thereof: That their expenfes in time cumming, for keeping of the faidis diettes, be modified be the Juftice, Juftice-Clerke , and their deputes , befide the ordinar paine of them that ar ather acquite, er paft free. 88. Of
 * and his deputes, that letters of Law-borrowes in times cumming to be granted, fall be dewlie execute, upon