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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B05280 Act, concerning summons of vvakening. At Edinburgh, the sixth day of November, one thousand six hundred eighty nine years. Scotland. Court of Session. 1689 (1689) Wing S1367B; ESTC R184031 1,438 1

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NEMO ME IMPUNE LACESSET ACT Concerning Summons of VVakening At Edinburgh the sixth day of November One thousand six hundred eighty nine years THe Lords of Council and Session Considering the Expence that must arise by Summons of Wakening of the whole Processes depending before the Lords and the Executions thereof through all the Corners of the Kingdom if the ordinary Form of Wakenings were necessary to be observed in this extraordinary Case And withal Considering that the Lords in extraordinary Cases have allowed Edictal Citations at the Mercat-Crosses Do therefore for the ease of the Liedges appoint the Keeper of the Signet to Expede three Summons of Wakening for each Shire of the Kingdom leaving a large blank for inserting Processes therein And Do hereby Ordain the Sheriff Clerks of each Shire and the Clerks of the Stewartries of Kirkudbright and Orknay and in case of their absence or neglect the Town Clerks of the Head-Burghs of the saids Shires and Stewartries to insert all Processes whereof he shall receive a Note before the second Mercat-day after the saids blank Summons comes to his hand and that he cause Cite all Persons and Parties Residing within that Shire or Stewartrie upon six days to appear before the Lords for Wakening of the saids Processes and that he cause Read the said Summons publickly at the Mercat-Cross between ten and twelve on the said Mercat-Day after three several Oyesses and that he affix a Copy of the said Summons so filled up upon the Cross and that he return the said Summons with Executions several and particular for each Processe insert therein with all possible Diligence to one of the principal Clerks of Session And that he make the like Citation upon the second blank Summons sent to him upon the next Mercat-day in manner foresaid for all the Processes whereof he shall receive a Note for the second before the said Mercat-day and that he do the like on the next Mercat-day thereafter as to the third Summons sent to him and that he cause the Executor Sign all the several Executions with the Witnesses that he imployes therein respectivè Providing always that he receive six shilling Scots with each Note of the Processes to be insert as aforesaid for doing the Duties above-written and for returning the Processes to the Clerks It is hereby Declared that this is without prejudice to any party that pleases to make use of Wakenings in the ordinary Form and that it is only to be extended to such Processes as were not Sleeping the first of November 1688. and since that time have not been Called through the Surcease of Justice and that there is no necessity to Waken concluded Causes the same having never been in use to be Wakened which the Lords will Advise and proceed in according to the Books of Inrolement Likeas the Lords appoint the Pursuers who have benefit by this Order to have their several Executions delivered to them by the Clerks of Session And appoints them to present Copies of the said General Summons to be formed by the Writers and pass the Signet as is usual in taking Summons off the Signet And it is hereby Declared that where Summons were formerly Execute for the first Dyet and the second Citation not given that in that case a new Summons may be Raised in Name of Their Majesties King William and Queen Mary which shall suffice in place of a second Citation And if the Summons have been Execute for both Dyets but not Called that the same may be Wakened in the same manner as is appointed by this Act for Summons which have been Called And Ordains this Act to be Printed and Published by Macers or Messengers at Arms at the Mercat-Cross of Edinburgh And appoints the several Sheriff-Clerks to cause publish the same at the Mercat-Cross of the Head-Burgh of the Shire upon the next Mercat-day after the same shall come to their hands betwixt ten and twelve a Clock in the forenoon Extracted out of the Books of Sederunt by me Alexander Gibson Cls. God save King William and Queen Mary Edinburgh Printed by the Heir of Andrew Anderson by Order of the Lords of Council and Session 1689.