28. The messenger must execute these letters, (and in deed all summonses) against the debtor, either personally or at his dwelling-house. If payment be not made within the days mentioned in the horning, the messenger, after proclaiming three oyesses at the market-cross of the head borough of the debtor's domicil, and reading the letters there, blows three blasts with a horn, by which the debtor is understood to be proclaimed rebel to the king for con tempt of his authority ; after which he must affix a copy of the execution to the market-cross. This is called the publication of the diligence, or a denunciation at the horn. Persons denounced rebels have not a persona standi in fit dicio ; they can neither sue nor defend in any action. Per sons cited to the Court of Justiciary may be also denounc ed rebels, either for appearing there with too great a number of attendants, or, if by failing to appear, they are declared fugitives from the law. By the act abolishing ward-holdings, the casualties both of single and liferent escheat are discharged when proceeding upon denuncia tion for civil debts ; but they still continue when they arise from criminal causes. All moveables belonging to the re bel at the time of his rebellion (whether proceeding upon denunciation or sentence in a criminal trial,) and all that shull be afterwards acquired by him until relaxation, fall under single escheat.
29. The rebel, if he either pays the debt charged for, or suspends the diligence, may procure letters of relaxa tion from the horn, which, if published in the same place, and registered fifteen days thereafter, in the same register with the denunciation, have the effect to restore him to ids former state.
30. The rebel, if he continues unrelaxed for year and day after rebellion, is construed to be civilly dead : And, therefore, where he holds any feudal right, his superiors, as being without a vassal, are entitled each of them to the rents of srrch of the lands belonging to the rebel as hold of himself during all the clays of the rebel's natural life, by the casualty of liferent escheat; except where the denun ciation proceeds upon treason or proper rebellion, 1535, c. 32, in which last case the liferent falls to the king.
31. Disc/art:at/on, is that casualty whereby a vassal for feits his whole feu to his superior, if he disowns or dis claims him without ground, as to any part of it. Purpres tare draws likewise a forfeiture of the whole feu after it, and is incurred by the vassal's encroaching upon any part of his superior's property, or attempting by building, en closing, or otherwise, to make it his own. In both these feudal delinquencies, the least colour of excuse saves the vassal.
32. Under the dominium utile which the vassal acquires by the feudal right, is comprehended the property of what ever is considered as part of the lands, whether houses, woods, enclosures, &e. above ground ; or coal, limestone, minerals, &e. under ground.
33. There are certain rights naturally consequent on property, which are deemed to be reserved by the crown as regalia, unless they be specially conveyed. Gold and
silver mines are of this sort ; the first universally, and the other where three half-pennies of silver can be extracted from the pound of lead, 1424, c. 12, (three half-pennies in the reign of James I. is equal to about two shillings five pennies of our present Scots money. according to NIr. Ruddiman, Pref. to Diplom. Scot. p. 82 ) These were by our ancient law annexed to the crown; but by an unprint ed act, 1592, No. 12, they are dissolved from it ; and every freeholder, (that is, as to this question, every proprietor, though he should hold his lands of a subject, 8i.h Dec. 1739, D. Argyll,) is entitled to a grant of the mines within his own lands, with the burden of delivering to the crown a tenth of what shall be brought up, 12th Jan. 1750, E. Hopeton. This unprinted statute mentions also tin and copper mines, as if these were inter regalia.
34. Salmon fishing is likewise a right understood to be reserved by the crown if it be not expressly granted ; hut forty years possession thereof, where the lands are either erected into a barony, or granted with the general clause of fishings, establishes the full right of the salmon fishing in the vassal. A charter of lands, within which any of the king's forests lie, does not carry the property of such forest to the vassal.
35. All the subjects which were by the Roman law ac counted res. publiee, as rivers, highways, ports, &c. are, since the introduction of feus, held to be inter regalia, or in patrimcnio principis ; and hence encroachment upon a high way is said to inter purpresture.
36. The vassal acquires right by his grant, not only to the lands specially contained in the charter; but to those that have been possessed forty years as pertinent thereof.
37. As barony is a nomen universitatis, and unites the several parts contained in it into one individual right, the general conveyance of a barony cat ries with it all the dif ferent tenements of which it consists, though they should not be specially enumerated (and this holds, even without election into a barony, in lands that have been united un der a special name.) 38. The vassal is entitled, in consequence of his proper ty, to levy the rents of his own lands, and to recover them from his tenants by an action for rent before his own court, and from all other possessors and intromitters, by an action of mails and duties before the sheriff. He can also re move from his lands tenants who have no leases, and he can grant tacks or leases to othcrs.—A tack is a contract of location, whereby the use of land, or any other immove able subject, is set to the lessee or tacksman for a certain yearly tent, either in money, the fruits of the ground, or services. It ought to be reduced into writing, as it is a right concerning lands. Tacks, therefore, that are given verbally, to endure for a term of years, are good against neither party far more than one year.