Page:The Laws and Acts of Parliament of Scotland.djvu/455

 XXII. PARLIAMENT. XXVIII of June, i6i 7. 4 ?3 vifionobferved by the Laws of this Realm : referring onely to the faids Executors the third of the defuncts part, all debts being firft payed and deduced, without prejudice alwayes to the faids Executors of wharfoever Legacies left to them by the faids defunfts : which fliall no wayes be prejudged by this prefent Act : but the faids Executors fhall have full right to their faids Legacies, albeit the fame exceed the faid third of the defuncts part : and incafe the faids Legacies exceed the whole third part, the faids Executors fliall have right to the whole Legacie, and no part of the third : W I T H this exprefTe declaration, That where Legacies are left to the Executors, they fhall not fall both the faids Legacies and a third by this prefent Aft , but the faids Legacies fliall be imputed and allowed to them in part of payment of their third. ACT XV. _Anent the Efcheat of Life-rent Tacks. OUR SOVERAIGNE LORD having confidered that there hath been divers queftions moved before the Lords of his Majefties Councel and Seffion, touching the Efcheat of Life-rent-tacks of lanes and teinds, fallen by the rebellion of the perfons to whom the fame appertained : and that it hath not been clearly decided, whether a Life-rent tack fhould fall under the gift ofafimple Efcheat, or not : For the bet- ter clearing whereof in all time comming, OUR SOVERAIGNE LORD with advice of the Eftates of this prefent Parliament, declares, ftatutes, and ordains, that Lile-rent tacks of lauds, or teinds, fhall not fall under a fimple gift of efcheat, but under the gift of a Life-rent efcheat only : And further, In cafe any tack, fet of lands, or teinds, contain moe Life-rents nor one : and that the perfon to whom the faid tack appertained! in life-rent, be Rebel attour the fpace of year and day, where-through he lofes his life-rent of the (aid tack. IT is hereby declared, that the remanent Life-renters containedin the faid tack, nor the heires or aflignayes of the Rebel , who have right to the faid tack, after the faid Rebels deceafe , ihall not be pre- judged by the faid Life-renters Rebellion ; fo that after his deceafe , the faid perfon having right to the faids jtacks, fhall brook and injoy the fame , notwith (landing the faids Life-renters rebellion attour the fpace of jyear and day : which rebellion fliall prejudge himfelfe only , and no other perfon fucceeding to him in the right of the laid tack. ACT XVI. ijinent the registration of Reverfions, Seafings , and others Writs. OUR SOVERAIGNE LORD, confidering the great hurt fuftained by his Majefties Lieges, by the fraudulent dealing of parties , who having annallied ther lands , and received great fummes of money therefore, Yet by their injuft concealing of fome privat Right formerly made by them, render the fubfequent alienation done for great fums of money, altogether unprofitable : which cannot be avoided, unlefle the laids [private Rights be made publick & patent to his Highnes Lieges: For remedy thereof,& of many inconvenien- jces which may enfue thereupon ; HIS MATES ! Y with advice and content of the Eftates of Parliament, fta- tutes and ordeins, That there fliall be ane publick Regifter , in the which all Reverfions, Regrefies, Bands, (and writs for making of Reverfions or Regrefies, aflignations thereto , difcharges of the fame, Renunciations of Wadfets , and grants of Redemption , and fiklike all iuftruments of Seafing ihall be Regiftrat within three- score dayes after the date of the fame. IT is alwayes declared, that it fliall not be neceffarto Regiftrate any Bands and Writs for making of Reverfions , or Regrcfie , unlefie the Seafing pafie in favours of the parries , I makers of the faids Bands or Writs : in the which cafe it is ordained , that the fame fliall be Regiftrat within Ithreefcore dayes after the date of the Seafing. The extract of the which Regifter fliall make faith in all cafes , J except where the Writs fo Regiftrated,are offered to be improven. And if it fhall happen any of the faids Writs, Bwhich are appointed to be Regiftrated , as faid is , not to be duely Rcgiftrated within the faid fpace of three- Ifcore dayes -. then, and in that cafe, hisMajefty, with advice and confent forefaid, deceines the fame to ■make no iaith in Judgement by way of action or exception in prejudice of a third party , who hath acquired a perfect and lawful Right to the faids Lands and Heritages : But prejudice alwayes to them to ufethe faids Writs againit the partie maker thereof, his heires and fuccefiours. IT is alwayes declared, that this pre- fent Act ihall no wayes be extended to inftruments of Seafing, and Reverfions therein conteined, given by Proveft and Bailies of free Burghs Royal, oflands lying within their Liberties and Freedomes, halden by the faids Burghs in free Bourgage of his Majefty , nor to na other heritable Writs thereof, nor yet to Rever- fions incorporate in the Body of the Infeftments, made to the perfons againft whom the faids Reverfions are ufed. IT is alfo declared, that if any Renunciations or Grants of Redemption, which fliall happen to be iconfi-ined in procefie betwixt parties , fhall be Regiftrat within threefcore dayes after the dates of the decreets Iwhereby the fame fliall be ordeined to be given up to the parties having right thereto, the fame fliall be fufli- cient. And to the effect the faid Regifter may prefently and in all time comming be the more faithfully keep- led : Therefore OUR faid SOVERAIGNE LORD, with advice and confent forefaid, ftatutes
 * andordeins the fame Regifters and Regiftrations forefaids, to be infert therein , to appertain and befang to

the prefent Clerk of Regifter, and his Deputes to be appointed by him to that effect. And decernes and o*- deines the fame Regifters to be annexed and incorporate with the faid office, and that the Clerk of Regifter , Nnn 3 prefent