Arrestments Act 1617

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Arrestments Act 1617

Oure Souerane Lord Considering the gryit abuse and corruptioun vseit in finding of Cautioun to Messingeris for lowseing of Arreistmentis in tymes bigane whereby his hienes Liegis haue bene heavilie preiudgit The receaving of the said Cautioun being Committit to whatsoeuir messinger of armes the pairtie pleaseth to chuse who at the desyre off the pairtie for the most pairt receaveth Irresponsall Cautioneris and thairefter quhen Cautioun is found thair is no warrand thairof gevin to the pairtie arreistar bot onhe a tikkett vnder the Messingeris stampe and subscriptioun beiring him to haue loused the arreistment and to haue ressauit suche a persoun cautioner whiche tikkett is not sufficient of the law to furneis actioun aganis the saidis Cautioneris without productioun of the principall bandis gevin to the said Messinger ressaver of the Cautione whiche band gif anye wer takin remanis in the handis of the messinger and is ather Lossed by negligence or absented by malice whereby the pairtie is altogidder preiudgit of his actioun whiche he had aganis the Cautioner who wes found for lousing of the arreistment FOR REMEDY whereoff Oure Souerane Lord with aduyse and Consent of the estaittis of Parliament Statutes and Ordanis That all billis and supplicationis for lousing of arreistmentis whiche salbe past and delyvered by the Lordis of Counsell in tyme Cuming salbe past vpoun cautioun to be found in thair buikis and ordanis the Clerk of the Billis To ressaue the said cautioun before the geving out of the same for raising of Letteris thair-vpoun And gif anye arreistmentis be vtherwayis lowsed the same to be null and ineffectuall

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