Page:The Laws and Acts of Parliament of Scotland.djvu/619

 4i> A& 42. A^zrg- CHARLES the il. 16.63.. under- written) within His faid ancient Kingdom ot Scotland, with one thoufand pounds of yearly valued Rent, [ball inciofe iour Aikers of Land yearly at lead, and plant the fame about with Trees of Oak, Eime, Afh, Plain, Sauch or "other Timber, at three yards diilance. And that all other Heri- tors of greater or lefle Rent nor the &id funs of one thoufmd pounds money foreiaid, do Plant, In- ciofe and Ditch yearly, moe or fewer Aikers, according to their refpeciivc Rents, for the fpace often years next cni'uing; and that of fuch Lands as the Heritors fhall think raoft fit for Planting and capable fot inclofing, to be alfo Planted, Ditched or Inclofed in manner forefaid ; and that thefaids Heritors begin to Plant, Ditch, and Inciofe, the faid ground at the fcaft of Mtchaelmefie next to come, and uphold the fame in time eomming. And for the further incouragement of the faids He- ritors, Wodfetters and Lifcrcnters, to go about the ready observance of the faid Act, liberty • and power is granted to them, at the fight of the Sheriffs, Stewarts, Lords of Regalities, Barrens, and! Juftices of Peace in their refpe&ive bounds, to call: about the High- wayes to their conveniency, pro- viding they do not remove them above two hundred tils upon their whole ground; Excepting al- wayes hereirom, Burrough and incorporate Aikers, which are no wayes to bo Parked or Inclofed, unleiTe the Heritors thereof fhall think it meet and expedient, And where there are Liferenters upon Lands, It is hereby Declared, that the fame fhall be done upon the equal charges and ex- pence* of the Lifcrcnter and Heritor. And in cafe of Proper Wodfets, ^t is alfo hereby fpecially De- clared, that the fame fhall be done by the Wodfetter, and the charges thereof is and lhall be ad- ded to the reverfion, and no wayc» redeemable, while they make paiment thereof, as well as of the fumsr for which the Lands are Wodfet. And for the better incouragement of Heritors, and for prcferving of the laid Planting and Inclofure», It is Statute and Ordained, that whofoever lhall cut or break a»y of the faids Trees, (not being the Heritors themfclves) llial] pay unto the Heritors or peribns wronged, twenty pounds lor every Tree: or if he be not able to pay the faid twenty pounds, it lhall be in the power of the party thereby wronged, to mafc.e him work fix weeks, giving him meat and drink al- lanerly. And further it is Ordained, that whofoever fhall break down the Hedges or Dikes .of the faids Parks or Inclofures, or be found within the fame, being a ftrangcr, fhall be holden and repute a breaker down thereof, and pay five pounds for every fault ; or if he be not able to pay the faid five pounds, to work ten dayesto the owner of thefaids grounds, for. meat and drink as laid is. r And for the greater encouragement of all perfons, who fhall be vertuoufly enclined to Ditch Inciofe or plant their ground, in manner forefaid, His Majejfy, with confent above fpedfied, hath Declared, and by thir prcfents Declares fuch parts and portions of their faid ground, as ihall be fo Inclofed and Plan* ted, to be free of all manner of Land-ftents, Taxations or Impofitions, of whatibever nature, or Quar- tering* of Horfc in the faids Inclofures, for the fpace of ninteen years, next after the date hereof; and that at the proportioning of the faids Burthens, the fame inclofures fhall be exempted and made free thereof accordingly. And alfo for the better prcferving of the faids Inclofures, and of the Trees land Planting to be fet about the fame, It is Statute and Ordained, that ilk Heritor, Tennant. and j Cottar, keep their Cattel and Goods, out of their neighbours Inclofures at all times, that their Trees, Planting and Ditching, be no wayes Damnified or prejudged, under the penalty of five pounds for ilk contravention, toties qxoties, to be paid to the party damnified. And further Statutes and Ordains, That where Inclofures fall to be upon the border of any perfons Inheritance, the next adjacent Heritor fhall be at equal pains and charges in Building, Ditching and Planting that Dike which parteth their Inheritance. And Recommends to all Lords, Sheriffs and Baylies o£ Regalities, Stewarts or Stewartries, and Juftices of Peace, Baylies of Burroughs, and other Judges Iwhatfoever, to fee this Act put in execution, and to grant Procefle at the inftance of the Parties damnified and prejudged, and to fee them repaired, aftet the form and tenor of this Act above-written, in all points. XLII Act Eftablijhifig Companies? and Societies for making Linnetucloath, Stuffs, &c„ OUr SoveraignLord, confidering that all the laudable Laws and Statutes, made by His /^V/?/.^ Anceflors, anent Manufafturics, for enriching of His Majefttes ancient Kingdom, putting of Poor children, Idle perfons and Vagabonds to work for the maintenance and relief of the Countrey of the but then of fuch unprofitable perfons, have been hitherto rendred in-effeclual ; And that many good fpirits, having aimed at the publick good, have for want of fufficient ffocks, council and af= fiflance, been cruihed by fuch undertakings, Do conceive it neceifar, to Creat and Erect Companies and Societies for Manufacluries, that what was above the capacity of fingle perfons, may be carried on by the joynt affiflance, council and means of many. And therefore His Majefiy, with advi~e and confent of His Eftates of Parliament, Doth Eftablifh particular Societies' and Companies, in the perfons of fucli as fhall enter themfelves in the faids Societies within any Shire or Burgh, om G or