Page:The Laws and Acts of Parliament of Scotland.djvu/164

 *44 ^L &VEEMECHARIB for the time, and there to remaine to his utilitie and profile , that fuld have the famin , and defaifance of payment, in maner forefaid , to be continuallie fra the biggingof the tenementes , afflicted to the annuelies. I T E M, The thrid artickie i It is ordained , that gif die awriers of the burnt landes and tenementes , tholis the fame to lye unbigged tvva zeirs, after the dait of thir prefentis : It fall be ieafum to the annuellers to perfewdieir annuelies refpeffiive, conforme to the nature and rate of everie annuell, as is abone ex- preemed : or to recognofce the tenement for none-payment of the famin, the faidis twa zeires being furth-runnin, and to ufe their procefie for none-payment thereof, asaccordis of the Lavve, aiidpractick of this Realms. ITEM, Anent the fourth artickie : It is ordained, tharf quhat kinde of ahnUell that ever it be , the famin iyand upon the haill tenement, gif fameikle reftis un-bufnt of the haill, as will pay the famin annuel! , the awner havand, by tire annuel!, twifealsmeikleasthe^nnuellextendistoofzeirlieprofke, the hail! annuel! fall be payed > Utherwite it fall bee proportionable, elfeirandtothe'tliridpeniiyofthezeirly availe of the tenement that ftandis, and quhair rhe laif beis bigged , to have ilk-like interpretation , conforme to thir pfe- fent artickles. I T E M, Anent the fifth artickie , it is devifed and concluded , that in-cafe the annuellar contribute with the awnerof the burnt tenement, to the reparation thereof, conforme to the firft artickie of the famin , the aiinuelJer fall have the reverfion augmented, to the quantitie , extending to the rhrid part of the fumme, upon the qulnik die annuell is wod-fet : Swa that quhill the principall fumme, and halfe fameikle with it be payed, the annuel! to be unredeemeable : That is to fay, in cafe the annuel! lye upon twa hundreth markes. it is not to be redeemed, quhill three hundreth markes be payed , in-cafe forefaid. ITEM, Anent the fext artickie : It is provided and concluded, That gif ony Chaplaine, be haill Laird of the burnt tenemente, unite to his Chaplanrie , as patrimonie theirof , and the patrone of the Chaplanry being required to big the famin, and nouther will not, orelfemaynot, and in likewife the Chaplaine is not of puiffance to do the fame ; It fall be Ieafum for policie, and efchewing of deformitie of the Towne , to fet die famin in few, to the utibtie and profite of his Chaplanarie; to ony that will offer maift therefore , with- out the patronis confent, gif he refufis to give his content Providing alwaies , that the Patron be firft re- quired to take die famin in few himfelfe, and hee to be in that cafe preferred to onie tither , givand als meikle to the Chaplaine dieref ore, to rhe evident utilitie of the Chaplanarie , as ony uther will , without collufion , and the Patron refufand, the Chaplaine to bee free to doe therewith , as is abone written. ITEM, As to die Seventh Artickie •, It is anfwered and concluded, as is conteined in the refponfe and conclusion, maid to the Second artickie abone written , becaufe they were co-incident togidder. ITEM, As to the audit artickie t It is Statute and ordained, that gif diere beis ony conjunct-fear , or life-rentar, of ony burnt landes Confideration being tane and had be the Proveft and Baillies of the Burgh, quhat free maill the famin payed before the burning s It fall be Ieafum to the proprietor of the Iande, to big the famirt , gif he pleafis , payand the faide conjunft-fear or life-rentar , during their life- rime, the thrid part of the free male , the quhilk the faide lande payed before the burning • Bot gif the conjunct-fear, or life-rentar pleafis to big the famin, they to bee preferred to the proprietor, and to bruik the famin, during their life i And therefore fall the proprietar and land baithe be boundin and obliSh- ed to them for to refound the thrid part of the money, quhilkis they deburfe, in biggingof the faids tene- ments, in neceffar and profitable expenfes, to bee foorth cummand , to be given to them die time of their deceafe* and thereafter to their executoures and aSTignayes, the land being aliweill bigged, as of before and nichtbour like, F I N I S T H E