Page:The Laws and Acts of Parliament of Scotland.djvu/721

 King CHARLES the I L i 47 F -Statute, and .'the Priviledge of the Royal Burrows granted thereby ; The faicis whole Goods fhall be efcheat, the one half to His Majefiy. and the other half to theBurgh-apprehender: And that, ii the faids .Goods be apprehended within any of the faids Royal Burrows, or the Sub-urbs or Appendicles belonging to them , or within their Ports or Harbors ; Thefamin may be Sum marly Seifed andfeciired, as Goods efcheat in maner forefaid. But if the faids Goods, competent only to Free-men of Royal Burrows, fhall be found or alleadged to be found, elfewhere ; They mail only be arreaftcd and purfued to be declared Efcheat, to be divided in manner above-written, before any competent judicator, as accords of the Lavv: Arid that upon pretence thereof, the Magistrates of Burghs, or others by Com million from them, or any of their Inhabitants, fhall not fearch or feile upon any Goods, or any way trouble or mole ft His Majefties good Subjeds, living vvithout the bounds of their faids Burghs or Sub-urbs, fumrriarly and byway of fad, but only by Legal Procefs according to Law, upon the pretence of any Priviledge, Cuftom orUfage what- soever, unlefs the Perfons be deprehended in the prefent and adual tranfgreSfion of the Priviledges of the, Royal Burrows above-written, and that within the bounds of the faids Burghs , Sub-urbs and Ports there- of ; Under the pain of being proceeded againft as Committers of Ryot, and Diftufbers of His Majefties Peace. Likeas, HisMajefty, with confent forefaid, Caffis, Annuls and Refcinds all Ads of Parliament •and Ratifications, in fwa tar as they are contrair to this prefent Statute : And Ordains Letters of Horning to be Diredfummarly at the inftanceofaii Royal Burrows, againft all and whatfoever Perfons who have tranfgrefled, or fhall tranfgrefle the forefaids Priviiedges , as the fame are Eftablifhed and Declared by this prefent Act. V I. ACT difchargiug fecoftd Summonds, &c. Edinburgh, 10. of July, 16 j%. ?Orafmuch as the former Pradice andCuftome, that Procefs and Summonds before the Lords of Sef- fion, for the moft part , fhould be continued , hes been the occasion of delay of Juftice , and of great trouble and charges to His Majefties Leiges: Byreafon, that when the Parties, at leaft the Defenders, did live at a great diftance from the faid Judicatory, after the Purfuer had raifed the firft Summonds, and had Sent, and caufed execute the fame in remote places of the Kingdom : They were forced to return the fame to be continued, and ■, upon an Ad of continuation , to raife other Summonds , and to fend the fame again to the Countrey, and to caufe execute the fame in remote places of the Kingdom , for the moft part by Meflengers imployed and Sent there of purpofe ; And to return the fame before there could be any Procefs in the Caufe forefaid. And even when Parties had their refidence near the faid Judicatory, and the Purfuers were con- cerned, anddefirous, to infift with all poffible diligence ; and to that purpofe had raifed Summonds; Yet, if the Vacation, time didinterveen, (during which their Summonds could not be continued) their Pro- cefs could not be in readinefs againft the next enfuing Seffion; fo that they were poftponed by the Space of diverfe moneths, to their great prejudice. And Our Soveraign Lord, being tender, and equally care- full of the Intereftof His Subjects, both Purfuers and Defenders ; And that a remedy may be pro- vided for preventing the faid inconvenients and prejudice to the Purfuers: and yet fuch a one, as the De- fenders be not prejudged -. Therefore, His Majefty , with advice and confent of His Eftates of Parliament, Doth Statute and Ordain, that , in all Caufes and Procefles that fhall be intended hereafter before the Lords of Seffion, of whatfoever nature the famin be ; and albeit formerly the Summonds were in ufe, and ought to have been continued : Yet, the Purfuer fhall not be obhdged to caufe continue their Summonds, and to take out Ads of Continuation, and to caufe raife and execute Letters and Second Summonds there- upon, any Law, Cuftome, Statute or Ad of Sederunt to the contrary notwithstanding, which is here- by Repealed. Andbecaufe by the Law and Cuftome formerly obferved in the Caufesforefaid, being oft- times of great importance, a Decreet could not be obtained fummarlyupon a fingle Citation ; which may be, and Sometimes was induitruouSly, and of purpofe, fo conveyed and concealed, that it could not come to the Defenders knowledge : And upon the confiderations forefaids, after that the Defenders were cited by the firft Summonds, they behoved again to be cited, and in Some cafes, not by Sheriffs iri that part, but by Meflengers at Arms, and with, and under other and higher certifications then were con- tained in the firft Summonds. And feeing it is juSt, and it is His Majefties intention that they fhould not be pre- ludged of the benefit and means forefaid, whereby they may be the better certiorate , and have time, to deliberate, and prepare themfelves for their defence : It is therefore Ordained by His MajeSty , tvith confent forefaid, That all Summonds before the Lords of Seffion, which before were in ufe, and Dught to have been continued, Shall contain two feveral Warrants for citing the Defenders at two Several rimes, and to two diftind diets and dayej of Compearance; And that the faids Summonds be direded to Sheriffs in that part, and Meflengers reffieffive ; and that, by the firft Warrant to be infert in the faid Summonds, fuch perfons, as might, and were in ufe, to have executed the firft Summonds , be warranted to give the firft citation upon the fame time, and with the fame certifications as formerly T % were