124 KING JAMES THE FIFTH ' 72,. t_y4ll Temporal Judges , fiild fit their Court es upon fifteene dales. ITEM , Becaufe our Soveraine Lord lies bene, and isofgude will and minde to have Juftice fchortelie done to all his lieges , fwa that throw lang proces , his lieges be not lang taried and vexed in greate expenfes : Therefore lies ftatute and ordained , that all Schireffes and Temporal judges , fall in times cumming , in all perfonal aftiones , fet their courtes peremptourlie upon fifteene daies : And direct their precepts thereupon , and at that day proceede fiimmarie & de piano -. The partie being warned upon fifteene daies , and make fik proceile in all thinges, as is ufed before the Lordes of Councel and Seffion : Notwithftanding onie auld Lawes and conftitutions maid thereupon of before ; And all uthers maters and actiones to have fik precede , as they have had in times by-gane. 75. Of the qualities and alth of deputes. fT E M , That all Schireffes and uthers Officiares of the Kingis within this Realme , make their deputes , aneormaa, gude and wife fubftantious men, of bed fame, knawledge, underftanding , and expe- rience , within the Schireffedomes , and leaft fufpect : for quhome they fall anfvvere for adminiftration of Juftice, to all perfones indifferentlie. And that they caufe their deputes to be maid , creat, andfworae in plaine courte , and ane acle maid thereupon : And gif they continue their deputes langer then for anezeir, that they caufe them zeirly to be fwprne to their offices , for the adminiftration of Juftice , at the head courtes after OHichael-mes. 74. The Indorfat Ion of all letters fidd be fiamped. ITEM, That all Schireffes , Stewardes, andBaillies, caufe their Maires and Officiares , quha fall exe- cute the Kingis letters and charges , or their avvin precepts , to have ane fignet , and in it graved the firft: letter of their name, or firft of their fur-name, or elfe fum uther thing , that fall bee univerfally knawin to be their fignet , with the quhilkis they fall fignet ail letters and preceptes execute be them, and indorfat ira times to-cum: And that naindorfation fall have faith, nor be admitted, bot they that ar figned with the faids fignettes. And fik-like, that all officiares of the Kingis, have their fignettes in maner forefaide: And fignet all letters and charges execute and indorfat be them , under the paine of deprivation of them fra their Offices , that makis ony fik executiones , without their fignettes forelaidis. And gif ony of their exe- cutiones wantis their fignet , the famin fall have na faith. 75-. The or dour of fitmmoundlng of all perfones In Civlll asllones. ITEM, For efchewing of greate inconvenientes andfraude, done to OUR SOVERAINE L O R D I S Lieges, be fummounding of them at their dwelling places, and oft-times falsiie, andget- ns never knawledge thereof : IT IS ftatute and ordained, that in times cumming, quhair ony Qfficiar or Schireffe in that parte , paffis at commande of the Kingis letters , or the Schireffes. , Stewardes, Barrcn- nes, or Baillies precept , to fummounde onie partie , git they cannot aporehende them perfonallie, they fall pafle to the zett or dure of the principal dwelling place , quhair the perfon to be fummounde dweliis , and hes their aftuall refidence for the time, and there fall defire to have entrefte , quhiikgif it be granted, they fall firft fchaw the caufe of their cumming: And gif they cannot get the partie perfonallie , they fall fchavv their letters or precept before the fervandes of the houfe, or uther famous witneffe, and fail execute their offices and charge , and there after fall offer the copie of the faidis letters or precept to ony of the fervands , quhilk gif they refufe to do , that they affix the famin upon the zett or dure , of the perfones fummound : And fik-like , gif they get na entreffe , they firft knockand at the dure fex knockes , they fall execute their office be- fore famous witneile , at the faid houfe and dwelling place , and affixe the copy upon the zett or dure there- of, as faidis, quhilk fail be leiffull and fufflcient fummounding and delivering of the copie, and the partie, nor Ofriciar fall not be halden to give ony uther copie , bot at their awin pleafure. And everie officiar in his indorfation , fall make mention of his awin execution , in maner forefaid. And the partie at quhais inftance, the letter or precept is direct , fall pay to the Officiar executour the expenfes of the copie affixed, as faid is: And fall be taxed and given againe to him , at the giving oi the decreet or fentence, gif he happenis to ob- teine : And gif the Officiar beis foundin culpable in the execution of his office , he fall be put in our Soveraine Lordis prifon , and puniflied in his perfon and gudes , at the Ki ngis Grace will. j6. The election and examination ofNotars. tTEM, Anent Scribes and Notars, baith to lande and Burgh, becaufe it is under fbnde to the Kingis I Grace , that the multitude of them generis ane great confufton , monie falfettis ar committed : For remeid hereof, It is ftatute and ordained , that everie Schireffe , with fik perfones as fall pleafe the Kingis Grace toadjoynetothem, fall call before them, all Notars that ar kick men , within his Schireffedome, and boundesof his Office, and examine them , and quha that ar halden to be famous and able men to execute die Office, that they be admitted be ane afte in judgement: And that the faid Schireffe have ane buik, and
