and gadder togidder anis ilk zeir in the Burgh of Innerkething, on the morne after Saint James day, with full commission: and there to commoun and treate upon the weil-fare of merchandice, the gude rule and statutes for the commoun profite of Burrowes. And to provide for remeid upon the skaith and injuries susteined within the Burrowes. And quhat Burgh that compeiris not the said daie be their Comissares to paye to the coastes of the Commissares five pound. And zeirly to have our Soveraine Lordis Letter to destreinzie herefore, and for the inbringing of the samin.37 37 This act is the original authority for the convention of royal burghs, but various changes respecting the time of meeting, and other matters have been made by subsequent statutes See 1578, ch. 11, and 1581, ch. 26, ACTA PARLIAMENTORUM REGIS JACOBI QUARTI. APUD EDINBURGH, VI DIE OCTOBRIS, A.D. M,CCCC,LXXXVIII.38 APUD EDINBURGH, III DIE FEBRUARII, A.D. M,CCCC,LXXXIX. 16. Anent cruves and fishzaires: Of the mid-streame: The Setterdaies slop: Creilles and nettes: Read fish. ITEM, Anent cruves & fishzaires, quhilkis destroyis the fry of fish, and hurtis the commoun profite of the Realme: It is ordained, that the actes and statutes maid of befoir, be observed and keiped with this addition: That letters be written to all Schireffes, Baillies and Stewardes, to destroy, cast-downe, and put away all the cruves within their bounds incontinent without delay. And that dittay be tane upon them, that hes cruves in the contrair the said acte. And to pay for ilk cruve five pound for amerciament in the Justice aire, to be raised on the maker & uphalder of the samin. And in likewise the Schireffe that failzies, to be in amerciament of twentie pound to the King in the Justice aire, and to be a poynt of dittay, as said is. And anent the cruves that standis in freshe waters, that they stand not in forbidden time. And let the mid-streame be alway free, be the space of five fute. And that the Satterdaies slop be observed and keiped, as the Acte and statute maid be King David requiris. And that ilk heck of the said cruves be five inche wide, according to the samin statute. And as for millers, that settis creilles & nettes in dammes, milne-landes, and waters, destroyand read fish, and fry of fish, as said is, sall be a poynt of dittay. And the paine baith of causer of creilles, nettes, and of the millers, ilk ane of them that dois in the contrair, to incur the unlaw of read fish, and to be taken of them that dois in the contrair. And that letters be written, as said is, to the Schireffes, Stewardes, and Baillies, to put this act to exe 28 The following act appears in Mr Thomson's edition of the Scots Acts, and in the edition of 1566, but not in the editions of 1597 and 1681. "XVI. Of Crufis and fisch dammys. "ITEM, It is statut and ordand that all Cruffis and fisch dammys that ar within salt "waters quhar the sey ebbis and flowis be alutly distroyit and put done als wele thai be"longis to our Soveraine lord as utheris throu all the realme. And as anent the Cruffis "in fresch waters that thai be maid of sic langines and sic dayis kepit as is contenit in "the acts and statutts maid thar uppoun of befor." This act is ratified by 1563, ch. 3, which see. B cution, & see that the samin be observed and keiped, under the paine of twentie pound, to be raised upon the officiares that failzies, as said is. And as touching the slauchter of read fish, that it be punished after the forme of the statute, declairand the unlaw thereof, ten pound.39 APUD EDINBURGH, XXVIII DIE APRILIS, A.D. M,CCCC,XCI. 6. The Wardatar sall not destroy the Landes: he suld susteine the minor. ITEM, It is statute and ordained, that quhair onie Land or landes happenis to fall in Waird to our Soverain Lord, or onie uther Barronne of this Realme, Spiritual or Temporal, or landes given in conjunct-feftment, or life-rent alsweill to Burgh as to land, that the Schireffe of the Schire or Baillies sall tak sik-like sovertie of the person or persones, that gettis or hes sik wairdes, that they sall not waist nor destroy their bigginges, Orchards, wooddes, stanks, parks, medowes, or dowcats, bot that they hald them in sik-like kinde, as they are in the time, that he gettis and receivis the samin, he takand his reasonabil sustentation or using in neidful thinges without destruction or waisting thereof. And ane reasonabil living to be given to the sustentation of he air, after the quantitie of the heritage, gif the said air hes na blanche ferme, nor few-ferme land to susteine him on, alsweil of the waird lands, that fallis in our Soveraine Lordis hands, as onie uther Barronne Spiritual, or Temporal.40 7. Of landes falland in waird or utherwaies altered, that the tennentes sall remaine theirwith, quhill the nixt Whit-sondaie. ITEM, It is statute and ordained, that quhen onie lands fallis in waird or quhen onie Ladie havand terce or conjunct-feftment, happenis to deceis, or quhat land be redeemed or lowsed be reversion, gift, selling, or wedsetting, or onie utherwaies landes happenis to be altered. The tennentes, labourers, and inhabitantes onie of the said landes sall remaine unput foorth, or remooved, quhill the nixt terme of Whit-sunday followand, payand to the Lord, that sall enter to the said landes the malles, and dewties aucht and wont of the said landes, quhilk bruiking sall induce na possession langer, then the said Whit-sunday.41 39 See latter part of note annexed to 1424, ch. 12. See also Erskine, b. ii. tit. vi. § 15. 40 In reference to this act, which was ratified by 1535, ch. 14, and the extension of it, see Erskine, b. ii. tit. ix. § 62, et seq. Bell's Principles, § 1065, and authorities there referred to; and Bell and Halliday v. Bell, 7th December 1827, 5 S. & D. The caution referred to in the first part of the act is not, by modern usage, required, unless some reasonable cause be shewn to fear waste or neglect on the part of the liferenter. See Bell's Principles, § 1064. 41 In reference to this act, see Erskine, b. ii. tit. vi. § 49, and Bell's Principles, § 1270, and authorities referred to. APUD EDINBURGH, VIII DIE MAII, A.D. M,CCCC,XCIII. 22. That aires may revoke at their lauchful age, and of our Soveraine Lordis revocation. ITEM, Sen it is leaved and permitted be the constitutions & ordinances of lawes Civil and Canon, that persons constitute in zouthead and tender age, quhilks ar greatly damnaged & skaithed in their heritages, be imprudent alienations, donations, venditions, and permutations of the samin, may at their perfection of age make revocation, and reduction of thinges done prejudicial to them in their minorities and tender age.42 Here follows "The Kingis Revocation," 42 APUD EDINBURGH, XIII DIE JUNII, A.D. M,CCCC,XCVI. 6. That all summoundes of errour be raised and persewed within the space of three zeires. ITEM, It is statute and ordained, that all summoundes of errour, or inordinate Proces, that ar to be raised be ony persones, that thinkis them hurte be the determination of inquestes, or be proces of Schireffes led in the serving of Brieves in time to cum, be raised and persewed within the space of three zeires, after the saide proces, and making of retoures: The parties that alleagis them hurte, being of lauchful age, and within the Realme: Swa that the erroure and in-ordinate processe, michte cum to their eares: And gif onie personnes omittis to raise sik summoundes, and persewis them not within the said termes. The said termes being paste, they sall never be heard in judgement upon that action thereafter: Bot sall tine their priviledge of reduction of the said Proces and errour, for all time to cum : Neverthelesse the summoundes, that ar now dependand and hingand betuixt ony parties, to be proceeded, as they were wont: And quhair that ony persones thinkis them hurte, be retoures or proces, that ar else led and maid in time by-gane: That they raise summoundes thereupon, within the space of three zeires, and persew the samin. And failzieing thereof, that they be never heard in judgement, as said is, bot to tine their priviledge of reduction, in all times to cum.1 APUD EDINBURGH, XI DIE MARTII, A.D. M,D,III. 43 9. Summoundes upon recent spuilzie, may be execute upon fifteene daies. ITEM, Anent recent spuilzie, It is statute and ordained, that it sall be leiffull to the partie quhilk is spuilzied, to summonde the spuilziers upon fifteene daies before the Lordes, sa that he make his summoundes within fifteene daies, nixt after the committing of the said spuilzie, notwithstanding the act maid of before, 42 The preamble of this act is referred to as the statutory authority for the competency of revocations by minors. 43 This act is modified and explained by 1617, ch. 13, which see. See also in elucidation, Erskine, b. iii. tit. vii. § 19. that all summoundes suld be maid upon twentie ane daies: And richtswa, to have power to call the said spuilzier before the Schireffe, and that there sall be na exception dilatour admitted against that summoundes, it beand lauchfully indorsate.1 13. Anent stealers of Pykes, breakers of zairds and dowcattes. ITEM, Anent steallers of Pykes out of stancks, breakers of Dowcattes, Orchardes or zairds, or stealers of hives, and destroyers thereof: And als anent them, that slayis Parked Deare, Raes, or Rae-buckes, of Lordes proper wooddes, that that be a poynt of dittay in time to cum. And that the unlaw thereof, be ten pound, togidder with ane amendis to the partie, according to the skaith. And gif ony Children within age, commit ony of thir thinges foresaid, because they may not be punished for none-age, their Fathers or maisters sall pay for ilk ane of them, ilk time committing ony of the said trespasses foresaid, threttene shillinges four pennies, or else deliver the said Child to the Judge, to be leisched, scourged, and dung, according to the fault.45 21. The heretoures and aires may be fallowed at the zeiris end, after the decease of their fore-bears: Caution suld be found be the executors, to the aire. ITEM, Anent the exceptions proponed be heretoures, quhen they ar persewed for debtes of their Fathers, or fore-bears, to quhome they succeede, allegand that their Fathers moveable gudes suld pay their debtes, and that the executors suld be called before them: It is advised, statute, and ordained, that it sall be leifful to the creditour to follow the aire, after the by-passing of ane zeir. Because the executors suld be responsal for ane zeir: at the end of the quhilk, he suld give his compt. And gif it pleasis the aire, he may, and suld be diligent, and require the Ordinar within the said zeir, to aske compt, and he to see the compt, and quhat beis foundin remanent, over the things perteanand to their office, that he suld require the Ordinar, that he micht have caution and sovertie for the relieving of his heretage, in sa far as the gudes restis attour the compt. And that the Ordinar sall cause him to have sufficient caution thereof. And sa at the end of the zeir, the aire sall answere to everilk creditour.4 46 44 This act appears to be the statutory authority for so much of the Act of Sederunt of 21st (or 29th) June 1672, as classes summonses of recent spulzie raised within fifteen days after the committing of the deed, with privileged summonses, the induciæ of which are, by the 6th George IV. ch. 120, § 53, made six days. This act also appears to be the authority for the jurisdiction of sheriffs in questions of spulzie, and as the ordinary inducice of all summonses before the sheriff are, by A.S. 12th November 1825, declared to be six days, it would appear that summonses of recent spulzie in the Sheriff Court stand upon the same footing in this respect as other summonses. 45 In reference to this act, see Hume on Crimes, vol. i. p. 82. 46 By our present usage, in contradiction to this statute, the heir may be sued for moveable debts immediately after the ancestor's death, if by his own conduct in any way he has lost the benefit of the annus deliberandi; and thus, though he be only debtor subsidiarie for the moveable debts of his ancestor, he is less favoured by the law than the executor who cannot, since A.S. 28th February 1662 was passed, be obliged to pay any of the executry debts sooner than six months after the debtor's death. The present act gives the heir a right of relief against the executor for any moveable debts of the ancestor paid by the heir. See Erskine, b. iii. tit. ix. § 48. |