[A1704/7/38]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, with advice and consent of the estates of parliament, after the example of the Roman law, statutes, enacts and declares that where there is any just ground to fear that rivers, waters or burns may divert from their ordinary course and channel, by the washing and failling of the banks, it shall be lawful to any party having land upon the banks of any such rivers, waters or burns to apply to the sheriff, stewart, baillie of regality or royalty within whose bounds any such alteration or change of the course of the water is feared for to happen, and the said sheriffs, stewarts, or baillies of regality or royalty are hereby authorised and required forthwith to visite the place or places where such alteration or change of the ordinary course is feared, and if the danger appear so imminent and pressing to allow such reparation to be made for fortifying the banks as may preserve the course of the water, and that summarly and de plano. But where the danger is not so pressing, the saids sheriffs, stewarts, baillies of regality and royalty are hereby authorised and impowered to grant warrant to the parties applying for remeid for citing the heretor within whose lands the reparation is craved to be made, and his tennants within his jurisdiction, and to cognosce upon any lawful exceptions to the contrair, and in case any of the parties concerned live not within the jurisdiction, her majesty, with consent foresaid, ordains letters of supplement to be granted for citing them to compear before the sheriff, stuart, baillie of regality or royalty within whose jurisdiction the reparation is to be made, to hear and see tryal taken concerning the necessity of any such reparations; and declares that where the reparation is a common profit to more heretors, the party repairing upon his own charges shall have action against the other heretors for their respective proportions as accords.