Page:The Laws and Acts of Parliament of Scotland.djvu/468

 ~^T KING J ^A CM E S THE S E X T, cannot write, the Clerke of the faid Court fhall fubfcrive the faid Inventor in face of Court, before the members thereof. And alfothe Sherriff, Steward, Baillie, Baillie of Regality, Proved and Baillies of Burro wes, who are heretable Shirrefs within themfelves, within the boundes of their Jurifdittions : And Clcrkesthemfelves (hall make and give up an Inventor of the debts owing unto themfelves, and by them- felves, as faid is. IT I S alvvayes provided, thatifanyperfon, impeaded byreafon officknefs, or diffra- cted by feme other juftoccafion, fhall not bee prefent himfelfe, to give up the faid Inventor, It fhall bee lawful for him to caufe any honeft refponfible man, within the jurifdiclion where he dwelleth, compear, and give up his Inventor : Providing the fame be fubfenbed by himfelfe, or a Notar at his command, which thein-giver fhall declare to be a trueDeede, and abide at the fame, on the like hazard and danger as the principal partie mould under- lye : which fhall be as fufficient as if the Inventor had been perfonally given up by the principal partie himfelfe. And an Inventor being once made, and given up, f hall ftill ftand, and be a ground to charge any perfon, during the time of thefoure yearesof the faid Taxation, unlefs the partie change, or otherwayes imploy his fummes : And then he fhall give up a new Inventor, which fhall bee a new ground of a charge, and the former fhall ceafe. And the faide Clerk fhall make a Record in his Regifler of the faids whole Inventors : Which Inventors being fo recorded, fhall be extracted by the faid Clerke , and fubferibed with his hand, and three Extracts made of the fame: one to bee given to the party, if he re- quire the fame: another to be fent, by the fay d Clerke, to the Colleclor of the fame Taxation : and the third, to bee likewife fent by rhefayd Clerk, totheCLERKE of his M AJESTIES REGISTER, to be ftill keepecl amongft the Records of His Highnefs Exchequer : to the effecT: it may be knowne how farre every partie is lyable in the payment of the faid extraordinary Taxation, For the which Extract , and Note made in regifler, the faid Clerk fhall have of every perfon, up-giver ofanlnventer, the fumnie of foure fhil- linges Scots money. And if by flouth, or malice, the Clerke fhall happen to delay, or lhift the Lieges referr- ing to the faids Courtes to the effecT: af orefayd, ( Complaint being made thereof to the Lordes of His Majefties Secret Counfel ) the faids Clerkes fliall be puniihed accordingly, at the difcretion of the faids Lords, And at any Court day, preceeding any Tearme, it mall be lavvfull for any perfon to compeare, and offer to give up his Inventor, which the Clerk and Judge fhall be aftricled to receive. FURTHER, For the better obfervation of the faid Statute, It is declared , That whofoever receaveth, retaineth, or conditioned! to receave any Annual-rent, and concealeth the fame, or any part thereof .- or in giving up of his Inventor of Debtes, and Annuals owing by him unto his jufc Creditors, giveth up more then heisjuftlyaddebtedinto, Whofoever firft difcovereth, and revealeth either the Annuel concealed , or An* nuel which is more then the up-givers juft debt, fhall for his reward have the halfe of that Tearmes concealed Annuel, and as much as the half of that Annuel which mail bee diicovered to have beene unjuftly given up. And in cafe it fliall happen any perfon whatfoever, by vertue of his up-given In- ventor, to be charged for payment of his Taxation , and at the time of his charge to declare in pre- I fence of a Judge , by his great Oath folemnedly fvvorne , that his Debitor is a Banke-rupt, whereby he is difabled to make payment of his Taxation , and is contented that the Kings Majeftie fliall have the whole Annuell-rent addebted unto him by his Banke-rupt debter of that Tearme : His faid Declara- tion fliall be a fuflicient liberation to him of the fame. And for efchewing of malicious Dilatours of thofe who have omitted or concealed their fummes, I T I S ordained , That whenfoever any perfon fliall accufe or dilate another of concealing or ommitting of Summes the time of making his Inventor, He fliall condefcend upon fome probable caufe of his Dilation, and fliall finde caution, _dejudkatoJbl- •vl ] in cafe he faile.in proving that which he dilateth: And there fliall not fuch actions of dilations be law- full againft dead perfons, their Heires, nor Exequutors : Neither fhall it be lawful, after year and day, after the expiring of the faid Taxation, to intend any fuch action. And in cafe any perfon purchafe ! wed-fette of Lands, and fet the fame backe again in tacke unto him who wed-fette the fame unto him, The Tacks-man pofleffor of the Lands, fliall pay for theftent of the Lands, and the haver ofthewed-fet fhall pay for the Annuel-rent of his money which he hath on the Land, as if the fame were imploy- ed for Annuel-rent. ATTOUR, IT fhall be lawfull by no manner of way, for any Creditour to get reliefe of his Debtor, of this Taxation which is impofedupon Annuel-rents by this Statute, under the paines contained in the Acls of Parliament made againft Ufurers. And concerning Minors, I T I S declared, that their Minorities fhall no wayes privilcdge them : But their Tutors and Curators fliall give up the Inventors of their Annual-rents in their names : which if the faids Tutors and Cura- tors faile to do, the faids Minors fliall incurre the like danger as others, and at their perfect: age fhall have action of Reliefe againft their faids Tutors and Curators, for that caufe. And in cafe any perfon depart out of this Kingdome, after the publication of this prefent Act, the fame fliall no wayes excufe him from giving up of an Inventor of his Annuel-rents, and payment of the faid Taxation , and under- lying of the danger contained in this prefent Act. But thofe who are prefently foorth of this Realme, and fhall not return before the Tearme of Martinmeffe next, they fhall not come under the danger of this Act, untill the Tearme of Whitfonday next: providing that at that tearme they give up their In- ventor, and pay their Taxation , as if they had been prefent within this Realme before the forefaid Tearme of Martinmeffe next. And for the uplifting of the forefaid Taxation, granted upon Annuel- rentes,