Page:The Laws and Acts of Parliament of Scotland.djvu/613

 &!& 3 8 - King CHARLES the 11. 1661. 43. And if a ay Nobleman, Barron or Baiiy, or any m their names; having power, ihail apeiaiui tb,® right of ,ur.ididion to proceed againft any Delinquent apprehended by a Conftable for any Capital crime: Ihen, and in that cafe, any of the Juftices ihall receive fecurity of the faid Party, who required the Defender to be delivered to him, that jufhee ihall be duly miniftred, and then ihall caufs delivery oi the iaidperibn to be made to him; and the faid Juftice ot peace, at the next Scffion, ihall certifie the whole : natter to the Bench; to the effect they may enquire, whether juftice hath been accordingly nifxted, and it any fault be found, to advertife His Majcfties Council, that order may be taken therewith. i he laids Juftices {ball twice in the year, at the foil of T)ec ember and the firft of June, take up a lwL 01 the Poor in every paroch within Burgh or Land ; into which number there ihall no perion be received, who are any way able to gain their own living; and to the effect thefe Poor may no longer be neceflitatc to leek their living, with fuch hardfliip and difficulty by fcandalous vagingas hitlurto they have been in uie of, the Jufhcs ihall appoint two or moeperfons ot good fame and quality in every Paroch, ro be Overfeers for the Poor in each Paroch aforfaid, and to authorize the faids Overieers to irake due tryal and examination of the conditon and number of fuch Poor, Aged, Sick, Lame and impotent inhabitants oi the laid Paroch, who (of themfelves) have not to maintain them, nor are abie to v> ork for their living, as alio of all Orphans and other poor Children within the faid Paroch, who are ieftdeftitute of all help: and the faids Overfeers are to lift and inrollali fuchperfons, and to provide them inch a convenient Houfe for their dwelling, either a part or together, as they Ihall judge rcquiht ;and upon ccnfideration had, what the ncceffary maintenance will extend to weekly, the faids Overfeers are to call ior the Collections of the faid Paroch, or other Sums appointed for the maintenance oi the poor thereof ; and the perlbns who have the faids fums in their hands, are hereby required to deliver the lame to the faids Overfeers; and their Receipts under their hands, shall be their fuificient Diicharge : which fum fo received, the Overfeers , are to difpofe pro- portionab y to the fcveral poor people atorelaid, according as they shall find their neceflities to require , and the faids Overieers are to take due tryal of the good behaviour and carriage of the po r perlbns, lifted and inrolled as alorefaid, that if any of them being fo provided, shall goabroad to t ■■., or oihcrwa) es miicarry themfelves, or shall reiuie, being able, to work any manner of work that the? are abie to perform ; in fuch cafes, ths faid Overfeers are to acquaint the faid Juftices therewith , who shall appoint fuch punishments for the firft fault, as in their judgements they shall (ind requifit ; and if they shaii continue in fuch mifcarriages, they are to be holden and repute as "vauabonds, and lb to be proceeded againft according to the Law in that cafe provided. And to the end that there may be an exact performance oi the premifles, the faids Juftices are hereby re- t j, to call before them the laids Overieers once in every fix months, or oifner if they shall think expedient, to give an account upon Oath cf the whole Sums received by them, and to produce the Rolls of the laid poor, together with an Account of what money they have received any other- .vayes, ior the ufe of the faid poor; and altera due confederation of the charge, together with tl.J Diicharge thereof, to approve, allow, or dif-allow the fame, as shall be found jtrft, and the faid and in caie of refufal of any of the faids Overfeers, nominat and elected as aforefaid, to accept the ^.id .office, or having accepted, shall be found negligent therein, or shall refufe or delay to give an r count of their intromilhuns, when required as iorefaid, or to deliver what money shall be found ! iiting m their hands, undifpofed of at the end of the year, untofuchnewOverfeersasshallbe appoint- ed : in fuch eaies of the offenders shall incur the penalty of twenty pounds Scots, to the ufe of the ,P<->or; and iuffer further Ceniure, at the faid Juftices, at their Quarter Seftions, upon confideratioHr bad of their iauit, shall fee meet to impofe. • And further, the laids Juftices are hereby impowered aud commanded, to call for an account from theic who took upon them to exerce that place and office, during the late Ufurpation, of all lines, Penalties and others, railed, exacted or uplifted of any perfons, and to ordain them to deliver and make paiment to them of what hath not been by fufficient order difpofed of: in any cafe of any 1 difference. , anfing thereupon, that the Juftices confult His Majcftzes Council, who shall give their orders therein. Conftables. OUr Soveraign Lord, with advice of His Eftates, Findes and Declares, that the Conftables are to be madechoife of, by the Commiifioners and Juftices of Peace, in their Quarter Sefiions, throughont the whole i, Countrey, two at leaft in every Paroch, or moe, according their dilcretion, having confidertion of the qualit) thereof; In great Towns likewife, not being Cities nor frse Biirglis-j they are to appoint a number oi Conftables proportionably to the grcatneffe thereof ; but in ail Burghs Regall, and tree Cities, the Conftables are to bechofen by the Magiflrates of the fame; and they are to endure, and to be changed, from fix to fix months. F 2 And
 * u(hce.s are to take due tryal and examination how the faid Overfeers have difcharged their Truft;