Page:The Laws and Acts of Parliament of Scotland.djvu/687

 King CHARLE^&n. 113 derogation from any power already given by the Inftructions or Ads of council ) doth authorize and impower the Commiffioners of the Mima in the refpedive Shires, or any three of them ( two of tlwquorunt not being Officers ) after rryal taken thar parties have been abfent from the Rendezvous, or deficient in the outreiks and payments foreiaid; to give order and warrand to any one of the Serjants of Foot of the refpedive Companies or Corporals of Horfe to be named by the faids Commiffioners , to poind and deftreinzie the readieft Goods and Geer of thefe abfent or deficient, wherever the fame may be found , apprife and make fale thereof towards the payment of the fums fpecifled in the (aid Warrand , and of the charges and expenfes of the poinding and appnfing; thefe charges alwayes not exceeding als much more as the fums for which the poinding 1 hall be ufed Likea s, His Majefty , with advice forefaid , conftitutes the faid perfon , to whom the forefaid Order lhall be directed. Sheriff in that part; with power to him, by virtue of that Order, to poind the Goods without ne- ceflity of carrying the fame to the Paroch-church or Mercat-crofs of the head Burgh of the Shiretobe ap prifed; and to do and aft in the execution of the faid Order, ficklike as a Meffenfrer at Amies may do by the Law, in execution of Letters of poinding and apprifmg given under his Majefties Signet: providing ahvayes, that the goods poinded be valued and apprifed by two honeft fworn men, whofe oaths the faid Sheriff in that partis authorized to take to that effed; And declares, that it mail be leifome to the party from whom the Goods fliall be poinded, to redeem the fame within fix dayes after the poinding by pay- ment of the fums, for which the poinding fliall be ufed , expenfes of the poinding forefaid and twelve (hillings Scots each day during the not redemption. And in cafe the party do not redeem the goods poinded within thefpace forefaid, Declares that it fliall be lawful to the faid Sheriff in that part to retain the goods orfel the fame, with deduction of the thrid of the fume to which they were apprifed He allwayes being countable for the price thereof to" the Commiflioners of the Militia who are to fee the party, from whom the Goods were poinded, fatisfied of thefoferplus of the price (if any be) of the Goods for which the poinding was ufed, expenfes forefaids of the poinding, third part of the value to which the Goods were apprifed, with twelve fliillings Scots ilk day during the fpace that the party had power to redeem, being alwayes deduced; and declares the faid Warrand , being figned by three of the (aids CommilTioners(one of them only being ane Officer) to have the force and ftrength of an Decreet- and that there is no neceffity of any Precept or Charge to follow thereon: And that the poinding and apprifingfoufed, by venue of the faiu Warrand, is and lhall be als lawful and valid, as if all the folemnities requifit in and ufual poindings were obferved; whereanent His Majefty, with advice forefaid , doth difpenfe in this cafe of the Mihna. And it is declared, that thefe who are not fufficiently armed or mounted at the Rendezvous fhall be holden as abfent therefrom, and fliall be fined and poinded accordingly in maner forefaid. And for preveening debates that may arife the time of muftering, It is Declared that Liev- tenants and Cornets of Horfe fliall be reckoned of the number of Horfe-men, appointed to be put out in the refpedive Shires; But prejudice alwayes to any ofthefaids Officers, to claim andfute payment of Fractions, if they be Leaders of Horfe. As alfo, His Majefty, with advice forefaid, doth authorize and impower the Lords of his Privy Council from time to time, to appoint dayes of Rendezvous and to give fuch further orders as fhall be requfite for the full eftablifhment of the Militia in every particular (thereof; and to call for an acount from the feveral Shires of their procedure and diligence in fettling the fame. And commands and requires all his Majefties Subjects of whatfoever degree or quality, to give due and ready obedience to all fuch orders and directions as they fliall receive from His Majefties Privy Council, relating to the Militia, under the pains and certifications contained in any Ads made, or to be Imadebythem thereanent. III. ACT forregiJlratwaofluffrumentsofReJigmtionadtemancntiam. November 16. 1669. 1QUR SOVERAIGN LORD, with the advice of the Eftates of Parliament, Statuts, & Ordains, That all T laments of Refignation that fliall be made in the Superiour hands, ad remmtentiam , ffourty dayes after the publication hereof) be regiftrate within threefcore dayes after the date thereof in the fame Kmanner and way, and at the fame rates as Renounciarions, Seifings or Reverfions : To the effect the Lieses Umay the better know, that the Infeftment which was granted to the Refigners is thereby void and extinct and Hthattheymaybeputm^/^ to contract with the Refigner thereanent, orto comprife thefamefrom [him, otherwayes the faid Refignation to be null. It is alwayes hereby Declared, That the Inftruments of Refignation of Tenements, Lands and Fifhings holden in free Burgage, being regiftrate in the Town Court
 * iJsooks oi the Burgh, lhall not fall within the certification of this prefent Ad.
 * ACT