Page:The Laws and Acts of Parliament of Scotland.djvu/451

 XXII: PARLIAMENT. XXVIII of June, 16.17. 4*9 and approves, in all points in manner as the fame proports , and gives unto them the frrength and force of Acts and Ordinances of Parliament, and ordains execution to pafs upon the fame aseffeires. A C T IX. i_Anent teinding of Comes. FO R-fomuch as by divers and fundry Acts of Parliament made of before, anent the order and maimer of teinding of Corns, and fpecially by the eight Act of his Majefties xviij. Parliament, holden at 'Perth, upon the ninth of July, 1606. and fenfine by the fifth Act of the xxj. Parliament, holden at Edinburgh, upon the x 3. of October, 1 61 x. the manner and forme of teinding , and the time and fpace appointed , for requi- fition to be made for the fame, is at length fet down: in the which Acts is ftatute and ordeined, That all Cornes fhall be teinded at three fe veral times in the yeer, if the owners thereof thinks expedient -. to wit, the croft infield Corn at one time, the Beer at another time , and the out- field Corn at the third time, as the faids Acts proports : Neverthelefle, OUR S O V E R A I G N E L O R D, for the greater well and eafe of his Majefties Lieges, finding it requifite , that the former Acts be altered in the points following , for fetling of a clear and certain order, to be hereafter obfeived , in all teinding of Cornes, Hath with advife and content of the Eftates of Parliament, ftatute, and ordeined, That it fhall be lawful to all heritors and labourers of the ground, eight dayes being expired after the compleat fhearing of every one of die diree forts of Cornes above- w ritten, to require the owner of the teind, at his dwelling place , within the Parochin-: andincafeof his not d .veiling therein for the time, his Factor and fervant , or other perfon (who is ordained to be confti- tute , and fpecially defigned by him in manner after-mentioned) upon the premonition of four dayes to come and make thankful teinding of the faids Corns : who failing to do the fame, and neither the owner of rfte teind, his felt, nor the other perfon appointed, to be dcfigred by him, as is un Jer-writtcn, comming and making the faid thankful teinding, being fo lawfully required : OUR SOVERAIGNE LORD with advife and confent of the faids Eftates, declares, That it fhall be lawful to the faids Heritors and labourers of the ground, to feparate die ftock from the teind , and to lead and carry their ftock away, and either to ftack the fame widiin their Barn yards , or to place the fame in their barns , leaving the teind upon the ground , which they fhall be holden to preferve and keep un-deftroyed or eaten by beafts, for the fpace of eight dayes after the expiring of the time of the faid requifition : Which Cornes being fo led and ftacked, or placed in barnes, and the teind being left on the ground, and preferved as faid is, OUR SOVEKAIGNE LORD with advice and confent forefaid, declares, It fhall be fufheient to liberate them of all danger of fpuilzie, or wrongous intromiifion , which may be moved againft them therefore, in any time to come •. And for more clear explanation of the premifies, ftatutes and ordaines, the owner of the faids teinds, if he have not his dwelling within the faid Parochin (whofe dwelling there would require premonition to be made to himfelfe at his dwelling place, as faid is ) TO defignea fpecial fervant and factor for him, to whom the faid premonition fliall be made in his ab- sence, who fhall have his remai ning either in fome certaine houfe , within the Parochin , or in the next moft eweft and adjacent clachan, whole name and particular place of refidence , the faid owner of the teinds mall caufe publickly intimat in the Pariih Kirk, either upon the laft Sunday of July , or the firft Sunday of AugufT, yearly, inprefenceotthe Minifterot the Paroihin and Parofhiners, that no ignorance may be pretended thereof: which factor fo defigned, fliall be warned eidicr perfonally, if he can be apprehended, orbyinti- jmation to be made to the Minifter of the Pariih, and at the forefaid place to be defigned for the factors re- Imaining: which requifition fo made, O U R Soveraigne L O R D with advice forefaid , declares, it fhall jibe als furBcient, as if the fame were made to the Teind-ma iter himfelf : Likeas it is declared, , that (incafe of Ithe leind-mafters , not dwelling within the Parochin , as (aid is ) if the faid defignation be not made of the faid ifactors name , and place of remaining, at the time, and inmaner as is before ordained, it fliall then be alfo lawful , the faids eight dayes and foure dayes being bypaft , to the owners of the Corns , to feperate the ftock from the teind , and to lead , ftack , and place their ftock in their barns or barn-yards , as laid is., leaving ! the teind upon the ground , and preferving the fame in manner before fpecified : Which being done , they ! hall be likewife free of all actions of fpoilzie, or wrongous intromiifion, which they thereby mayincurre. it is alwayes provided, by OUR SOVERAIGNE LORD, with advice of the faids Eftates, That
 * vhereas by this Aft and Statute requifition is not ordained to be made till the expiring of eight dayes after

i he feids t ftates declares, That albeit the tenth part of every fort of the faids cornes, or about the tenth part be landing unlhorne and un-cut down , the not fhearing of that quantity , fliall be no caufe nor impediment to i bay the owner to make the requifition : neither fhall the fame furniih any lawfull excufe to the Teind-mafter , i ipon the pretext whereof he fhould refufe teinding for the reft : but declares this Aft to be effectual, and to iave die own force, albeit the tenth part , or about the fame , remaine unfhorne , as faid is: the faids heri- ars, or labourers , ufing the like order of requifition thereafter for teinding of the faids unfhorn cornes , the 'me when the fame are ready. Nnn -ACT
 * he compleat fhearing of every one of the three forts of cornes before fpecified : yet notwithftanding thereof,