NEMO ME IMPUNE LACESSET   royal blazon or coat of arms  
ACT, Concerning Summons of Wakening.  
At Edinburgh, the sixth day of November, One thousand six hundred eighty nine years.  
THe Lords of Council and Session Considering, the Expense 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 Wakening 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 said's Shires and Stewartries, to insert all Processes whereof he shall receive a Note before the second Market-day, after the said's 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 said's Processes, and that he cause Read the said Summons publicly at the Mercat-Cross, between ten and twelve on the said Market-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 Process 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 Market-day, in manner foresaid, for all the Processes, whereof he shall receive a Note for the second before the said Market-day; and that he do the like on the next Market-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 employs therein, respectiuè; 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 Wakening 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 Enrolment. 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 form 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 Diet, 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 Diets, 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 Market-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.