Page:The Laws and Acts of Parliament of Scotland.djvu/82

 6 4 KING JAMES THE T H R ID briefe, fall be lauchfull turour, fuppofe the childe that happenis to be in tutorie , have ane zounger brother or filler, Notwithftanding that the agnat is not immediat to fucceede to the childe, becaufe of zounger Brother and filters. 5-3. 'Probation of arreiftmentes. TEM, It is ftatute and ordained, anent theprievingofarreiftmentesbeCrownersorSerjandes, on the North halfe of the water oiForth, that hes bene ufed of before , to be prieved be tuitching of wandes : It is ftatute and ordained , that in time to cum, all prieves fall be maid be Crowners and Serjandes, bewit- nefie and perfones, like as is ufed and done on the South halfe oiForth. 5-4. t^/fnent airfliip of moove able glides of Barrounes. ITEM, Anent the airfliip of mooveable gudes, that the aires of Barronnes , Gentle-men, andFree- halders fall have : It is ftatute and ordained, that the faidis aires fall have the beftofilk a thing, and after the ftatute of the Burrow Lawes, and as is conteined in the famin. 5- 5- . Trefcription of Obligations. ITEM, Anentis the adte maid of before of prefcription of Obligationes : It is ordained to be underftandin in this wife, that all auld Obligations maid of before, that is elder then the dait of fourtie zeiris, not de- pendant in the Law, in the time of the making of the faid aoes, fall be prefcribed , and of na ftrength : and in likewife in time to cum , all Obligationes maid , or to be maid , that beis not followed within fourtie zeires, fall prefcrive, and be of nane availe. 56. The Retourjitld conte'me the auld and new extent. TEM, Anent the brieves of inqueft to be ferved in time to cum : It is ftatute and ordained, that it be an- fwered in the retour, quhat the land was of availe of the auld, and the very availe that it was woorth , and gives the day of die ferving of the faid brieve. 5 7. That four e of the auld Councell be chofen to the new. ITEM, It is ftatute and ordained in Burrowes, notwithftanding the Aftes maid of before, that there fall be of the auld Councell of the zeir before, foure worthy perfones chofen zeirly to the new Councell , at their entrie to fit with them , for that zeir, and have power with them to doe Juftice. 5 8 . The Over-Lord not entrandto the fuperioritie thus the famin, andfatisfies thepartie. ITEM, It is ftatute and ordained anent Over-lords, that in defraud and skaith of their vaffailes and ten- nentes, differris to enter to their landes and fuperiorities , that in time to cum , the faids Over-lords fall enter to their lands and fuperiorities, & do their diligence thereto, but fraud or guile within fourtie claies, after that they be required be their vafialles or tennentes. The quhilk gif they do not, the faidis vafialles or ten- nentes incontinent thereafter to be entred be the King or the Over-lorde, that the fuperiorities ar halden of, and hald of him, and the other Over-lorde, that fraudfully differris his entrie, to tyne the tennent for his life-time, and affith the partie of his coaftes and skaithes, that fall be fufteined throw him, in de- fault of his entrie. 5 9. That perfones arreifled to the Jujlice aire, enter within barre. TEM, Becaufe in times by-gane, there was halden an ufe and confuetude, that perfones indyted to the Juftice aire, wauld cum in pretence of the Juftice in the Tolbuith, and hald them out-with the Barre, and wauld not enter, for the payment of ane little unlaw, quhilk is great derifion and fcorne of Juftice , and licht- lyittg of the Kingis Hieneffe : It is therefore ftatute and ordained, that in time dimming all perfones arreifted, that may be apprehended the time of the Aire in the Tolbuith, or the Towne, quhair the Juftice is , fall be taken and delivered to the Juftice , to bejuftified for his crime and his trefpafle: Swa that the arreiftment be maid of before the time of the beginning of the aire and feate of Juftice. 60. . The unlaw of fie a ling ofhaulkes, houndes, per trie kes and Dukes. TEM, Anent the efchewing of great trouble, difcord, and divers inconveniences that may cum, anente the dealing of Haulkes and Houndes: It is ftatute and ordained, that in time dimming, na maner of perfons take ane uther mans hounds, nor haulkcs, maid or wilde, out of neftes, nor egges out of neftes, within ane uther mannis ground, but licence of the Lord , under die paine often poundes. And in likewife that na egges be tane out of the Pertrickes, nor wilde^duik-neftes, under the paine of fourtie fhillinges. And this to be a poynt of dittay in time to cum. 61. Of