Page:The Laws and Acts of Parliament of Scotland.djvu/392

 3 7 o KING JAMES THE S E XT Cunyie of fik fyftnes and pryces as the famine prefentlie gives, and hes paftage within this Realme. And tliefeprefentstobepublilhedtoall OUR SOVERAIGNE LORDS Lieges. 10. Act anent the faking and tranjporting of herring. TH E Kings Majeftie with the advyce of the Eftaites of this prefent Parliament, framtes and or- daines, that na perfon nor perfons , alfwell Grangers as native borne fubjefts of this Realme, take upon hand to buy, pack, peill, fair, bairell, or yet tranfport foorth of this Realme, any herring in fmall or great quantitie at any tyme before Michael-mes yeariie, but to fufler the famine to be brought to pubiick marcets, and there fauld to all his Heighnes Lieges, upon reafonable pryces , without attempting any thing in the contraire thereof, under the paine of confifcation of the famine herring, barrels, ifiippes aud vefhels ; and of all the reft of the movable goods of the perfons, contraveiners hereof in any poynt , The thrid parr of the famine to the apprehender, and the reft to his Majefties ufe , to be intrometted with by his Heighnes Compt- fcoller, and fik as he mall give power and commiffion to for that effect. And ftatutes and ordaines, that no licences be granted hereafter for packing, peilling, faking and tranfporting of herring before the tyme fore- faid; except the famine licences be g taunted with confent of the Counfell fitting in the Councell. And after the graunting of the faids licences, ordaines the famine to paile the Signet and haili feals, otherwyfe declares the famine licences to be null and of nane availl. ii. Maying of S almond in forbidden tyme, to be ane cry me ofthijt in tyme comming. UR SOVERAIGNE LORD, and Eftaites of Parliament, ftatutes and ordaines, that the flay- ingofSalmond in forbidden tyme, or of Kipper, Smolts, or fik black fiihe at any tyme, lhall be in ail tyme comming , ane cryme of thift to the committer whatfomever in all tyme comming; andlhallbe punilhed as thift in every qualitie, according to the committers rank and eftate. Exceptand alwyfe forth of this prefent ad, the Salmond , Kipper , Smolts , and all other filhes ilane or tane within the rivers of t^dmandand Tweed allanerlie. iz. i_Anent fingular Combats. UR SOVERAIGNE LORD, and Eftaites of this prefent Parliament, confiddering the great 1 iibercie that flindrie perfones takes in provoking of others to fingular combats, upon fuddaine and fnvole quarrels whilk hes ingennered great inconvenients within this Realme. Therefore, ftatutes and ordaines, that no perfon in tyme comming, without his Heighnes licence fight any fingular combat, under the pame of death , and his movable geare efcheat to his Heighnes ufe. And the pro- voker to be punilhed with a more ignominious death nor the defender, at the pleafure of his Majeftie. iy. t/fnent Homings, OUR SOVERAIGNE LORD, and Eftaites of this prefent Parliament,confiddering the great ex- penfes and faiherie the Lieges of this Realme fufteines, by feeking of a Notar and foure witnefles, to the regiftration of all letters of Horning, Relaxations , Inhibitions and Interdictions , in the Schireffes, Baillies or Stewarts bookes within this Realme. And als fufteins great delay by feeking of the Clerks wha fhould regiftrat the famine. Therefore OUR SOVERAIGNE LORD, and Eftaites forefaids, difcharges that part of the aft of Parliament made in the Moneth of December 1 597. ycares, anent the regiftration of the famine letters of Horning, Relaxation, Inhibition and Interdiction, before a Notar and w itnefles. And decernes and de- clares the famine letters whiiks are or ihaii be regiftrat in the faids Schireffes, Baillies or Stewarts bookes by the Clerk thereof. Or by the Clerk of Regifter and his deputes, in the bookes of Counfell , mall be valide and fuffkient in the felfe, and ihall make faith in judgment or out- with in all tyme comming. 14. The negligence of the Kings Ojfciars may be fupplied by their Jucceffbnrs. OUR SOVERAIGNE LORD, and Eftaites of Parliament, ftatutes and ordaines, that the fleuth and negligence of any of his Heighnes officiars, in the perfewing or defending of any of his acf ions or caufesinanytymeby-ganeortocome; mail nowyfe be prejudicial or hurtfuil to his Heighnes, but that he and his officiars, fucceffours in that office , may without any ordour of reduction , and by way of exception or reply, ufe and propone all and fundrie exceptions, reply cs and defenfes competent of the Law, whiiks were willinglie or negligentlie omitted by their prediceflburs. And thereby fupplie whatfomever thing that lies bene neglected or amkted by the faids prediceflours. To the effect, that his Heighnes and his Crown be no wyfe hurt , nor prejudged by negligent Officiars , and the benefite of his Lawcs may be competent to him at all tymes when it lhall pieafe him and his officiars to crave and ufe the famine: is- TH