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The Lord Hatton gave in a supplication, bearing, “That a tenant of his had left the room between terms, and had left several stacks in the barn-yard, and was due to him several bygone rents, desiring a warrant from the Lords how to poind the stacks;” whereupon the Lords considered the just and orderly way of poinding stacks of corn, which differs from poinding of other moveables, that the same may be adjusted to the sum poinded for, and if horse, nolt, or sheep be poinded, one of them only which exceeds the sum is to be poinded and the superplus offered back by the messenger, and in case of refusal consigned; but, in stacks of corn, the quantity of a stack cannot be known or apprised by the view; and therefore the Lords appointed, that if the poinder please presently to carry away the corn poinded, leaving the straw, that the messenger must appoint two taskers upon oath, to keep, thresh, and deliver the corn by measure; or otherwise, if the poinder desire to leave the corn or fodder together on the ground, that the fodder may be eaten as he hath need, the messenger may appoint two skilled men for casting proof, and who upon oath may turn over the stacks, sever the proof sheaves, thresh and winnow the same, which must be instantly done before the messenger go, and the stock apprised and delivered to the poinder, effeiring to the sum; and in either case, a rip of the corn to be poinded, must be apprised first upon the ground, and again at the market-cross of the jurisdiction, or at the accustomed place of the barony, if it be a baron's decreet, estimating what the boll of such corn and fodder is worth in that place at that time; and the poinder may poind every stack severally for any part of his decreet he pleases, that may best suit thereto, and so may proceed to poind the rest in order, as he hath use for it; but, if he poind not all at once, other creditors may prevent him in poinding, except as to that year's rent whereof these stacks are the crop, wherein his hypothec will prefer him, and he may lawfully hinder others, unless he found caution within his barony for that year's rent pro tanto.
