shall never come in the contrary, thereby depriving them of all the benefite of Revocation, Reduction, and Restitution in Integrum, allowed to them by the Laws of this Kingdom, where such Oaths are not made. IT IS THEREFORE Statute and Ordained, by the King's Majesty, with advice and consent of the saids Estates, That no such Oaths shall be exacted in time coming; And in case of Contravention, Declares the Contract to be void and null, and that no Execution shall pass thereupon, And Declares the Elicitor or Exacter of the Oath to be Infamous: And it is hereby declared, that it shall be competent to any Person related to the Minor, to obtain the saids Writs to be declared void and null, be way of Action, exception, or reply.301

86. ACT Concerning Bills of Exchange.

OUR SOVERAIGNE LORD, Considering how necessary it is for the flourishing of Trade, That Bills or Letters of exchange be duely payed and have ready Execution, conform to the Custom of other parts, DOETH THEREFORE, with advice and consent of his Estates of Parliament, STATUTE and ORDAIN, that in case of any Forraign Bill of Exchange, from or to this Realm duely protested for not acceptance, or for not payment, the said Protest having the Bill of Exchange, prefixed, shall be Registrable within six Moneths after the date of the said Bill, in case of non-acceptance, or after the falling due thereof, in case of non-payment, in the Books of Council and Session, or other competent Judicatures, at the instance of the person to whom the same is made payable, or his Order, either against the Drawer, or Indorser, in case of ane protest for non acceptance, or against the Accepter, in case of a protest for non-payment, to the effect it may have the Authority of the Judges thereof, interponed thereto, that Letters of Horning upon a simple charge of six dayes, and others executorials necessary may pass thereupon, for the whole sums contained in the Bill, as well Exchange, as Principal, in form as effeirs, sicklike, and in the same manner, as upon registrat Bonds, or Decreets of Registration, proceeding upon consent of Parties, PROVIDING alwayes, That if the saids Protests be not duly Registrat within six Moneths, in manner above provided, Then and in that case, the saids Bills and Protests, are not to have summar Execution, but only to be pursued by way of Ordinary Action, as accords. AND FARTHER, It is hereby STATUTE, and ENACTED, That the sums contained in all Bills of Exchange, bear Annual rent, in case of not acceptance from the date thereof, and in case of Acceptance, and not payment, from the day of their falling due, ay and while the payment thereof. AND FARTHER His Majesty with advice foresaid, hereby Declares, That notwithstanding of the foresaid Summar Execution provided to follow upon Bills of Exchange, for the sums therein contained, in manner above specified; Yet it shall be leasom to the party charger to pursue for the exchange, if not contained in the saids Bills, with re-exchange, damage, interest, and all expences, before the Ordinary Judge, or in case of Suspension, to eek the same to the Charge at the discussing of the said Suspension, To the effect, that the same may be liquidat, and Decreet given therefore, either against the party principal, or against him and his Cautioners, as accords.302, 303, 304

301 In reference to this act, see Ersk., b. i. tit. vii. § 39.

302 This act was extended to the case of inland bills and promissory notes, by 1696, ch. 38. See Thomson on Bills, p. 572, et seq.

By 1st and 2d Vict. ch. 114, Extracts of Registered Protests now contain a warrant to charge the obligants, thus superseding the necessity of raising letters of horning. That act also amends the law relating to personal diligence, arrestments, and poindings generally.

X

303 The following act appears in Mr Thomson's edition of the Scots Acts, but not in he edition of 1681.

"XCV. ACT anent the Lyone King at Arms.

“OUR SOVERAIGNE LORD Considering that the Ninth Act of this Parliament doeth "ordain the Lyon King at Armes to depose such Messingers at Armes as doe not put Cap❝tions in execution Notwithstanding of the Protections in manner exprest in the said Act, "Therefore His Majesty with consent of his Estates of Parliament, Doeth Declare that "the Lyon is and shall be sole Judge in the Case foresaid Any thing in the Contrair not“withstanding.”

This is one of several statutes regarding the powers of the Lord Lyon. See note annexed to 1587, ch. 30, and Ersk., b. i. tit. iv. § 32.

304 The following act appears in Mr Thomson's edition of the Scots Acts, but not in the edition of 1631.

« CXXXVII. RATIFICATION in favors of his Majesties Mr Smith Mason Wright and "other Servants of their exemption from Taxations, &c.

"OUR SOVERAIGNE LORD And the Estates of this present Parliament Consider❝ing the diverse Acts of Parliament past in favours of his Majesties Servants viz. John "Callendar his Majesties black smith and Lock smith, Alexander Reid his Majesties Gold"smith, Robert Mylne Mason, James Baine Wright, Andrew Cassie Sklaiter, Andrew For"rester Bower, Alexander Home Talzeor, James Rae Barber, and John Mastertoun « Glasier, for themselves And in name and behalfe of the remanent of his Majesties ser“vants in their rexˇve Imployments Conforme to their severall Gifts granted thereanent “And particularlie the 275 Act of Parliament of the 15 Parl: of King James the Sext And "also the severall and particular Gifts granted be his Majestie to his rex ve Servants in "their severall trades Artifices and employments within this Kingdome Conforme to their "severall Grants past in their favors under His Majesties Privie Seale whereby His Ma"jesties Servants are exeemed and declared free of all Stents, Taxations, Watchings, "Wardings and uther Impositions whatsoever that Can be imposed upon them And it "being necessar that the foresaids acts of Parliament should be revived And the saids Gifts "Ratified and Approven And his Majesties Servants for their farder encouragement in "their rex^ve trads should be liberat from any Impositions taxations Stents and uther In"cumbrances whatsoever, which may hinder them in their rex~ve Stations to serve his Ma"jestie in their particular Employments Therefore His Majestie and Estates of Parliament "not only Revives the severall Acts of Parliament granted be his Majestie and his Royall "Progenitors in favours of his Servants in their severall and rex^ve trades artifices and 66 employments And particularly the said 275 Act of the 15 Parliament of King James the "Sext But also ratified and approved and Confirmed And be thir presents Ratifies Ap66 proves and Confirmes His said Servants their severall and particular Gifts granted to "them under his Majesties Privie Seale of this Kingdome In the haill heads clauses and "articles thereof Conceaved in their favours And Declares them and their successors in "office to be exeemed and free of all Stents and Taxations, watchings wardings and uther "Impositions whatsomever imposed or to be imposed hereafter And Declares That this "present Ratification shall be extended to all his said Servants their particular Gifts And "be als valid and sufficient to all intents and purposes as though everie particular Gift were herein insert and expressed verbatim with which generalitie His Majestie and "Estates of Parliament be thir presents dispenses for ever And further they discharge all persones in publick trust or office to encroach upon or molest his saids Majesties Servants "in the saids maters any maner of way in time comeing."

The acts here confirmed are 1592, ch. 75; 1594, ch. 35; and 1597, ch. 46. See these acts, and the note annexed to the first of them. See also Magistrates of Edinburgh v. Marshall and Son, 18th February 1830, 8 S. & D. 554.

ACTA PARLIAMENTORUM

REGIS JACOBI SEPTIMI.

APUD EDINBURGH,

XXIII DIE APRILIS A.D. M,DC,LXXXV.

14. ACT explaining the nynth act of the Parliament 1669 concerning

Prescriptions.

OUR SOVERAIGNE LORD Considering that at making of the nynth act of the first Session of the second Parliament of King Charles the Second Concerning Prescriptions In that part of it Relating to actions proceeding upon warnings, Spulzies, Ejections arreistments or for Ministers Stipends and others forsaid, the cases that existed before that act were not taken into consideration Therfor His Majesty with consent of His Estates of Parliament Statuts and ordains that all such actions proceeding upon any diligence mentioned in that act already intented either before the said Act 1669 [or since] shall prescrive within fyve yeares after the Date of this act if they be not wakned within that time and all Actions to be raised heirafter upon the forsaids grounds shall prescryve in fyve yeares if they be not wakned within that time And his Majesty wills and Declares the forsaid nynth act to stand in full force as to the rest of the Tenor therof.305

15. ACT explaining the tenth act of the Parliament 1669 anent Interruptions. OUR SOVERAIGNE LORD Considering that the clause concerning citations used for interruptions mentioned in the tenth act of the first Session of the Second Parliament of King Charles the Second Hath left the case of such citations before the said Act undetermined His Majesty therfor with consent of His Estates of Parliament Statuts and Ordains that all citations used for interruptions preceeding that act shall prescryve within Seven yeares after the Date of this act if they be not renewed within that time. And further Statuts and Ordains that in citations for interruptions As to the Rights of Lands and Waknings therof Copys of the citations shall be affixed on the most patent Door of the Paroch Church and that over and beside what is required by the said Act anent these executions.306

25. ACT against Stealing of Dogs and Haulks.

OUR SOVERAIGNE LORD And Estates of this present Parliament taking to their consideration the great prejudice and Inconveniencies That has and does dayly fall out Through the Stealing and keeping of Haulks and Dogs that has

305 See note annexed to 1669, ch. 14, the act here referred to.

306 This act is partly temporary. The act here referred to is 1669, ch. 15, which see, with note annexed thereto.

Strayed and Got away from their Rightfull owners by persons that has no right or interest to doe the same Does Statut and Ordain that whosoever herafter shall Steal a haulk out of the Nest or arie or take a Collar from a Dogs neck or vervel from a haulk with the masters Name or Stile theron shall be fyned in the sowm of fyve hundered Merks Scots And whosoever shall give away or Sell any haulk or Dog which is not his own shall be fined in the sowme of ane hundred pounds Scots As also That whosoever does Get a Dog Straying having the Collar above named or hauk with Bells or Vervels That has Got away from her or his Master and does take the said Haulk or Dog into his possession shall be oblidged within fourty eight hours after the said Dog or haulk shall be so taken by him to send and book the same In the sheriff Clerk his books (where the wafe goods are booked) The Dog by the kind collar and Marks and the haulke by the kind and Vervells if it have any for which there shall be payed to the Sheriff clerk Six Shillings eight pennies Scots Which the owner of the haulk shall be oblidged to repay together with two Shillings Scots for each myle that the bearer shall be sent to the Sheriff clerk for booking of the said Dog or haulk And In case the Dog or haulk shall not be clamed by Letter or otherways by the just owner within Six months after it shall be so booked in the Sheriff Clerk of the Shyre where the Dog or Hauk shall be taken, his books; then and in that case the Dog or haulk shall belong and appertain in property to the possessor And the Ouner shall not be heard therafter to clame the same and if the taker or keeper of any haulk or Dog shall failzie to cause book the same in maner above spe it he shall pay the Sum of fourty pound Scots of penalty to the owners if they shall pursue the same before any Judge competent.3

307

26. ACT concerning Tailzies.

OUR SOVERAIGNE LORD with Advice and Consent of His Estates of Parliament Statuts and Declares That it shall be Lawfull to His Majesties Subjects to Tailzie their Lands and Estates and to Substitut aires in their Tailzies with such Provisions and Conditions as they shall think fitt and to affect the saids Tailzies with Irritant and Resolutive clauses wherby it shall not be Lawfull to the Airs of Tailzie to sell annalzie or Dispone the saids Lands or any part therof or Contract Debt or Doe any other Deed whereby the samen may be apprised, adjudged or evicted from the others Substitute in the Tailzie or the Succession ffrustrat or interrupted Declaring all such deeds to be in themselves null and Void and that the next Air of Tailzie may immediatly upon the contravention pursue declarators Therof And Serve himself air to him who died last infeft in the fee and did not contraveen, without necessity anyways to represent the Contraveener, It it allways Declared that such Tailzies shall only be allowed in which the forsaid Irritant and Resolutive clauses are insert in the Procuratorys of Resignation, Chartors precepts and instruments of Seasine, And the Original Tailzie once produced before the Lords of Session judicially who are hereby ordained to interpose their authority thereto and That a Record be made In a particular Register Book to be keept for that effect, Wherin Shall be Recorded the Names of the Maker of the Tailzie and of the aires of Tailzie and the Generall Designations of the Lordships and Barronies And The Provisions and Conditions contained in the Tailzie With the forsaid Irritant and Resolutive clauses Subjoyned therto, to remain in the said Register ad perpetuam Rei memoriam And for which Record Ther shall be payed to the Clerk of Register and his Deputs The same Deues as is payed for the Registration of Seasines And which Provisions and Irritant Clauses shall be

307 In reference to the subject of this act, see Hume, vol. i. p. 81, et seq.

repeated In all the subsequent Conveyances of the said tailzied Estate to any of the aires of Tailzie and being so insert His Majesty with advice and consent forsaid Declares the samen to be Reall and effectuall not only against the Contraveeners and their aires but also against their creditors Comprysers adjudgers and other Singular Successors Whatsoever whither by Legall or conventionall titles. It is always hereby declared that if the saids Provisions and Irritant clauses shall not be repeated in the rights and conveyances whereby any of the aires of tailzie shall brook or enjoy the tailzied Estate the said Omission shall import a Contravention of the irritant and Resolutive clauses against the person and his aires who shall omitt to insert the same Whereby the said Estate shall ipso facto fall, accress and be devolved to the next air of Tailzie But shall not militat against Creditors and other Singular Successors who shall happen to have contracted bona fide with the persons who stood infeft in the said Estate without the saids irritant and Resolutive clauses in the body of his Right. And it is further Declared that nothing in this Act shall prejudge His Majesty as to Confiscations or other fynes as the punishment of Crimes Or his Majesty Or any other Lawfull Superior of the Casualitys of Superiority which may arise to them out of the tailzied Estate But which fynes and Casualities shall import no contravention of the Irritant Clause. 308 35. ACT and Commission for Plantation of Kirks and Valuation of Teinds. FORASMUCH As His Majesty's Father of ever blessed memory out of His Royall care and Zeale for the Reformed Religion within this Kingdom, and maintinance and provision of the ministry and Churches therof and the peace of the Kingdom and for preventing and setleing all Differences that did or might arise betuixt titulars and others having Right to teinds, And Heretors concerning the Leading and Drawing of their tiends, And immediatly after His attaining and Suceeding to the Crown, Gave furth and emitted His Royall Declaration anent the premisses, and the other particulars therin specified, and in pursuance of the Ends forsaids, diverse Laws and acts of Parliament were made in the Year of Our Lord 1633, His said Majesty being then present in his Royall Person, and since diverse acts of Parliament and Commissions have been made, given, and renewed to that purpose and particularly by the fifteenth act of the third Session of the Second Parliament of King Charles the Second, His Majestys umquhile Royall Brother, of ever blessed memory: And His Majesty being resolved, and desireous to prosecute so Good a Work for the universall good of His Subjects and especially for the encouragement of the Ministers of the Gospel. Therfor His Majesty with advice and Consent of his Estates of Parliament, Gives full power and Commission to His Majestys Officers of Estate for the time being, And to the Archbishop of St Andrews The Archbishop of Glasgow The Bishop of Edinburgh The Bishop of Dunkeld, The Bishop of Galloway the Bishop of Isles, The Bishop of Brechin, The Bishop of Dumblane The Bishop of Aberdeen, The Duke of Hamilton The Marquess of Douglas The Earle of Erroll The Earle of Marischal The Earle of Marr, the Earle of Strathmore The Earle of Linlithgow The Earle of Southesq, The Earle of Tueeddale, The Earle of Balcarras The Lord President of the Session The Lord Pittmedden, The Lord fforret the Lord Reidfoord, The Lord Boyn, the Lord Drumcairn, The Lord Balcaskie, Sr William Bruce of Kinross, St George Lockhart of Carnwath Sr Archbald Cockburn younger of Langtoun Hugh Wallace of Inglistoun, St George Drummond of Milnab Charles Murray of Hadden Alexander Miln of Carridden Sr Alexander Bruce of Broomhall, Sr Patrick MurJames Johnston Provost of Glasgow, Mr Robert Innice writter to the Signet

308 This act is the foundation of the law of entails in Scotland.