Page:The Laws and Acts of Parliament of Scotland.djvu/738

 164 The Third SeJJion of the fecond Parliament of the Correction-houfes, for whofe entertainment , the faids Heretors fhall caufe colle<5t the faids Contributi- ons, and appoint a quarters allowance to be fent along with them, with Cloathes upon them, to cover their naked neffe, and the faid allowance to be payed quarterly thereafter , by way of advance. With power alfo to the faids Commiffioners of Excife in each Shire quarterly to take an account of the diligence of thefe of each Paroch in performing of the premifles: And in cafe ol their neglect, to appoint other perfons to make the faids Lifts, and Coffeftors to uplift the faids Allowances, and to bring them to Correction-houfes. And the Sheriffs their Officers, and Mayers and Conftables are hereby required to concur and be affifting to the carrying and delivering of the faids poor perfons to the Corre£tion4ioufes. And in cafe any Heretors Hull find within their bounds, any other Vagabonds, Beggars or Idle perfons, not being in fervice , nor having any vifible way or flock to entertain themfelves, who were not born, nor did haunt formerly within their bounds ; they are hereby impowered to feize upon fuch perfons, and to fend them to the Correction- houfes ; and to charge the Magiftrats or Matters of the faids houfes to receive them, without advance of any allow- ance : With power notwithftanding to the faids Magiftrates or Matters, to charge the Heretors of the Parodies where thefe idle perfons were born, or have moft haunted the laft three years, for the allowance of fuch of them as are not bred to work ; And as to fuch of them as can work, the Matters fhall have the benefit of their work for their meat. And His Majefty, with advice forefaid , doth impower and require the Mafters of the Correction- houfes to put and hold the faids poor people to work, as they ihall fee them moft capable and fit ; And in cafe of their difobedience, to ufe all manner of feverity and correction , by wheeping or otherwayes , ( excepting torture ), and to detaine them within the faid Corresftion-houfe and Clofs thereof ; with this pro- vifion, that in cafe any of the faids poor perfons being received, ihall be fufTered toefcape to burthen the Countrey of new, that the Magiftrats fhall be charged to recover and receive them again , without any allow- ance thereafter, during the faid fpace of four years, under the pain of fourty pounds Scots for each perion fo efcaping : With power alfo to them , to receive difobedient fervants , and to put them to work , and to cor- rect them according to their demerits. Likeas His Majefty, with advice forefaid , Ordains Letters of Hor- ning and other execution to pafs hereupon, .at the inftance of thefe who fhall fend the poor in manner forefaid, againft the Magiftrats of Burghs for receiving the poor fent to them, with the quarters allowance forefaid: And likewife, Letters of Horning to be direct at the inftance of the Mafters of the faids Correction-houfes,; againft thefe lyable in payment of the faid allowance for the poor, conform to the faid Act of Parliament, and that quarterly in manner forefaid ; and at the inftance of the Collectors, to be named by the Heretors or Commiffioners of Excife , againft the Heretors and Inhabitants of the faids Paroches, conform to the faid Act of Parliament. It is alwayes hereby provided, that it fhall be lawful to Coal-mafters , Salt-mafters, and others who have Manufactories in this Kingdom, to feife upon any Vagabonds or Beggars , where i ever they can find them , and to put them to work in their Coal-heughs or other Manufactories , who are to have the fame power of correcting them, and the benefit of their work, as the Mafters of the Correction-' houfes. And furder, His Majefty , with advice forefaid , recommends and commits the execution of this prefent Aft to His Privy Council, with power to them to appoint all means and wayes for making the fame effectual ; To whom the Commiffioners of excife in the feveral Shires, are hereby Required to return an accountfof their diligence in the premifles, by feme of their number the fecond Council day in November, and the fecond Council day in June yearly, under the pain of Fourty pounds Scots for every Commiffioner of Excife , who fhall be deficient in doing his part of the premifles. XIX. Edinburgh, 6. of September, i6j%. THe Kings Majefty, confidering how far Comprifings have deborded from the firft defign of the Legiflators, who did never intend that opulent and great Eftates fhould be carryed away for inconfi- derablefums, nor that Meflengers or ignorant perfons fhould be Judges in matters of fo great importance; And confidering the great prejudice enfueing to Trade & Commerce, by the length of the legal Reverfion for- merly granted, the Creditor not being able to command his money. and both Debitor and Creditor neglecling to ufe any policy & improvement of the Lands during the running of the the legal Reverfion;And that after ex- piring thereof, Comprifings have become the foundation of much fraud ; the right thereof being fometimes acquired by the appearand Heirs of the Debitor, who thereby fecluded the lawful Creditors : And that by the ignorance of Nottars and Meflengers, and many unneceflarfolemniaes, oftimes Nullities have happened in Comprifings, and the fame have alwayes been moft expenfive by heaping of penalties and Sheriff-fees. And His Majefty, being defirous to fecure equally the intereft of Debitors and Creditors, Doth, with advice and confent of His Eitates of Parliament, Statute and Ordain, that in place of Comprifings, the Lords of Seffion, upon Procefles raifed before them at the inftance of any Creditor againft his Debitor, Principal or Cautioner, fhall Adjudge and Decern to the Creditor in fatisfaftion of his Debt, as the
 * yi C T Concerning Adjudications.