Page:The Laws and Acts of Parliament of Scotland.djvu/722

 i j-o The Third Seffion ofthefecond ^Parliament of were and ought to have been in citations upon the firft Summonds : And by the fecond Warrant, Meflen- gers at Arms, or fuch other perfons as formerly were and ought to have been imployed to execute Letters or fecond fummonds , when they were apart , and upon A&s of Continuation ; (hall be warranted , and com- manded to give the fecond Citation , after the palling and elapfing of all the time contained in the Warrant for the firft Citation : And the faid fecond Citation mall be upon the fame time , and with the fame certifications that were ufual in fecond Summonds,and in the Ads whereupon the fame proceeded, according to the feveral ftiles , conception and nature thereof rej/pecJhe. And it is Declared , That upon all Summonds againft Par- ties , either within or without the Countrey , containing the faid Warrant for two Citations , being execute as faid is, and no otherwife ; Procefs fliall be granted in all caufes which before did abide Continuation , in the fame manner, and with the fame effects, to all intents andpurpofes, as were granted upon Summonds, A&s of Continuation and Letters : And in all other Proceffes and caufes, which did not require Continua - tion, It is Declared , that the Summonds fliall be libelled , and Procefs lhall be granted thereupon as before , and in the fame manner, without any change or alteration. And it is further Statute and Ordained, that, in time coming, all Executions of Summonds lhall bear exprefly the names and defignations of the Parties pur- fuers and Defenders : And that it fliall not be fufficient that thefame do relate generally' to the Summonds , otherwife the Execution fhall not be fuftained. VII. ACT" concerning Writs pajfingthe Great andTrivy Seals. Edinburgh, ix. of July, i6yz. THe Kings Majefty, confidering how much His own Service and the Interefls of His Subjects is prejudged, by the neglect of Regiftrating thefe Charters, Inteftments , Gifts , Commiffions and other Writs, which do pafs, and are written to, the Great and Privy Seals; Doth, for remeed- ing and preventing of this evil for the time to come , with advice of His Eflates of Parliament , Statute and Ordain, that all Charters, Infeftments, Commiffions, Gifts and other Writs which hereafter fhall pafs under the Great and Privy Seals , fhall be regiftrat in the Regiflers of the great and privy Seals, refpetfive , before the Seall be appended to them -. And the Writers to thefe Seals , who keep the Regifters thereof, are hereby Ordained to Regiftrat every Writ paffing their Office , and, by their lubfcription , to mark the fame on the back thereof, to be written and Regiftrate by them, before they give them out to be fealed ; and that they make and keep a perfect Minut-book , containing the Names , Surnames and Defigna- tions of the perfons in whofe favours the Charters and other Writs are granted, with the Names of the Lands and fpecial matters therein co ntained: And the keepers of thefe Seals are hereby Difcharged to append the Seals to any writs which are not fo marked and attefted to be Regiftrat, as they will be anfwerable. And his Majefty futher confidering, that the Writting of Precepts of Seafing, to pafs under the Quarter Seal, is a great anbunneceflary trouble to His Subjects, and may be afwel, and with lefs trouble fupplied, if the Pre- cept of Seafing were infertin the Charter ; Doth therefore, with advice forefaid , Supprefs , and for ever Difcharge, the paffing or writing of any precepts of Seafing to, or underthe Quarter Seal: And Ordains, that, in lieu thereof, every Charter fhall , towards the end , contain a Precept of Seafing 6f all the Lands and others contained therein ; which fhall be als fufficient for taking of Seafings, as if the fame were paft under the Quarter Seal as faid is. Likeas, His Majefty , underftanding the great troubleand incdnveniencies oeca- fioned by the Writing of long Charters and other Writs, which pafs the Seals aforefaid , in one broad parch- ment, offo great length and largenefs, that they can hardly be read : Doth, for remeid thereof, with advice forefaid, Statute arid Ordain , that it fhall be free to any perfon , who hath any Charter or Writ to be written for the Great or Privy Seals, to choife whether to have the fame written in a broad skin of parchment as for- me* ly, or to have them written by way 1 of a book in leaves of parchment , aboutthe breadth of an Ordinary fheet of paper; and accordingly, the Writters to the Great and Privy Seals, are hereby Ordained to write andexped the fame: And, if they fhall be written in the way of a book, that each page be figned and markedby themas faid is. Which being done, the refpective Seals are to be appended thereto in manner following, vi-z. To fuch as fliall be written on a skin of parchment in the ordinary 'way, That the Seals be appended as formerly: And to thefe which fhall be written in the book-way, that the Seals fhall be appended upon a Tye or Band, which is to go thorow all the leaves in the Margine. And that for doing hereof, this fliall be a fufficitntwarraad to all perfons concerned. ACT