Page:The Laws and Acts of Parliament of Scotland.djvu/479

 XXIII. "PARLIAMENT IV. of Augufl, 1611. 4S? of the comprifing led at his inftance , during the yeares and fpace that the fame is redeemable, but onely to fuch part and quantitie thereof as will correfponde to the Annucl-rent of the fumnie, at ten for the hun- dred, for the which comprifing is led; with this provifion alwayes , and expreffe declaration , That if the mailes and duties of comprifed laodes exceede the proportion of the annuel rent of die forefaids fummes , for the which the comprifing is deduced, and that the comprifer pleafe to intromet therewith, and according thereunto, that he have intromiffion with the fame , in that cafe his forefaid further intromiilion , which mail extend to any greater quantitie then willjuftly fatisfie him of the forefaid Annuel-rent , lhall be afcribed in payment and fatisf act ion of his principal fummes , jpro tanto ] LIKE AS THE ESTATES findes and declares , That the fame further intromiffion mall bee afcribed in that payment ofthefaid principal fumme : So that if it lhall happen, that the quantitie of the mailes and duties to be intromited with by the comprifer, to extend unto as much as will fatisfie the whole principal fummes, with the ordinarie Annuel-rent thereof, according to ten for each hundreth , and the expenfes befcowed by the Comprifer, in palling, and obtaining Infeftment of the Superiour, of whom the " Landes are holden : together with the Annuel-rent ofthefaids fummes, fo given by the Comprifer to the Superiour, for entring of him to the comprifed lands , and the neceffatie expenfes and charges waired and be- llowed by the faid Comprifer , in leading and deducing the faid comprifing , in that cafe , thereafter the com- prifing to expyrc _ipjb facto} and to ceafe in all times following. AND IF that the perfon againft whom comprifing is led , be Minor , and of lefler age , I T I S fta- tuted and ordained , That it lliall be lawful to him at any time within his perfect age of twentie five yeares compleate , to redeeme the faids comprifed landes , by payment of the fummes , lor the which the faid com- prifing was led , and of the lawful annuel-rentes thereof , according to ten for each hundreth ; Together with the expenfes bellowed in paffing and obtaining oi the Infeftment from the Superiour , and ordinarie annuel-rent of the fame: together alio, with the neceffane expenfes beftowed in leading and deducing of the faid compryfmg, as is above-written. And that notwithftanding of the prccecding Lawes, and Praeti- que of this Kingdome, by the which the Legal reverfion of comprifed Landes , expired within feaven yeares after the leading of the comprifing : From the which His Majellie and Eftates hath, by this prefent Act and Statute, excepted Minors , in all times comming , declaring the fame no-wayes to run againft them. BUT IT IS Declared, that if a Minor redeeme not Landes comprifed, (the right of reverfion where- of is competent in his perfon) within feaven yeares after the leading ot the faid compryfmg, but according to the benefite granted unto him by this prefent Act, fuffer the compryfed Landes to remaine unredeemea, with the comprifer, during all the yeares of his Minoritie, andlefleage: then, and in that cafe, the com- prifer lhall have good right, to meddle, and intromet with the whole Mailes and Dueties of die comprifed Landes of all thefe yeares fubfequcnt, after the expyring of the faids feaven yeares, and intervcening be- twixt them, and the faids yeares of his Majoritie , and perfect age of twentie five yeares compleate : Not- withftanding that the dueties of the landes extende to more then will anfwere to the annuel-rent of the money for the which the land is comprifed. And if it lliall happen a Minor, having right to redeeme comprifed' landes, as faid is, to deceafie before he be of perfect age of twentie five yeares , and that another Minor bee Heirc, or Succeedc unto him in his right of reverfion , and title, competent to him , for the redemption of the faids comprifed landes: that Minor fo fucceeding in the rights, lhall have the fame libertie and privi- ledge above-written, for redemption ofthefaids landes, ficklike, and in the fame manner, as if they had been comprifed from himfelfc, wherein he lhall nowayes be prejudged by the yeares which ran after die comprifing, in the life-time of that perfon Minor in whole right he fucceedeth , but that he may ficklike law- fully redeeme the fame at any time before his Majoritie, as laid is. AND IT IS Declared, That in cafe any Minor, having the right of the faid reverfion competent unto him, lliall happen to deceafe after the expyring of feaven yeares out-run, atterth^faid compryfmg, and that a perfon of perfect yeares fucceed to the faid Minor, in the right of his reverfion aforefaid : in that cafe the laid perfon Maj or fo fucceeding, lhall be holden and aftricledto redeeme the faids comprifed Landes , Within the fpace of year and day after the deceafie of the faid Minor, in whole right he fucceedeth. Other- way es, the faid Redemption not being ufed by him within that fpace , he lhall bee perpetually fecluded from all benefite, which hee may claime by the reverfion and fucceffion there-unto forefaid, and all power of Re- demption of the faids Landes, by vertue thereof. But if at the time of the Minors deceafie, all the faids feaven yeares were not expyred, It lhall be lawfull for his faid fuccefior (being Major ) to redeeme , within the fpace of fo many of the faids feaven yeares, as were not out- run the time of the Minors deceafie : fuch like as if I the faids Landes had been comprifed from the faid Minor himfelfe. Which time being expyred, and hee do- ling no diligence, hee lhall bee excluded from the benefite of his reverfion. AND IT IS fpecially provided, That in all the above-written cafes , if the comprifed Landes bee not {worth fuch yearly quantitie of Maile and Dutie, as will proportionally effeire to the Annuel-rent of the ifaid Money, at ten for every hundreth, for the which comprifing is led : or being worth that the fame is iexhaufled by other lawful deeds : which may render the fame unprofitable to the comprifer, and un-an- ifwerable to the Annuel-rent ol the fummes, lor the which he hath comprifed , either in whole , or in part : jthen, and in that cafe , the redeemer (whether he be Major , or Mi nor ) lliall be holden , before hee can re- deeme, or out-quite the faids Landes , from the comprifer , to refound and pay to him , die full Annuel- Q_q q 5 rent