Page:The Laws and Acts of Parliament of Scotland.djvu/480

 45 8 ' K I N G J A M E S THE 5 E X T rent and profite of the fummes, for the which the landes were comprifed , fo farre as he wanteth , and in- lacketh, by the bene fite ofhisfaidcomprifing. And if the rent of the Land fo comprifed, confiftinviftual, The eftimation and confideration thereof, fiiall be had according to the common prices of victual in thofe Shyres where the comprifed landes lye : according as the fame giveth betuixt Zuile and Candlemefle. A N D the faids ESTATES Declares, That this above-written Statute fhall no-wayes extend , nor be prejudicial to comprifmgs, which are already prefcribed before rhe date of this prefent Aft. ACT. VII. i^Anent ^Adjudications. /UR SOVERAIGNE LORD, AND ESTATES of PARLIAMENT, Confidering -J the great prejudice fuftained by diverfe and fundry Creditours, by deceafe of their Debtors : who being preveened by the diligence of their Concreditoufs •, by obtayning of fentences of Adjudication of their defunct Debtors, Landes, andEftate, inrefpe&oftherefufal of the neareft of Kin, to enter Heires to them, are fecluded from participation of any part of the landes and goods pertaining to their faids defuncl; debtors : they being common debtors to the faids whole Creditors, contrarie to all equitie and reafon. F OR R EM E ED whereof, It is Statute, and Ordained , THAT All Adjudications to be obtained by any perfon at any time hereafter, of any of their defuncl; debtors landes , and Eftate whatfoever , with all rights and Infeftments following there-upon, fhall be redeemable from the partie obtainer of the faids Sentences of Adjudication, their heires and asfignays, at any rime after the pronouncing of the fame , A T the inftance of any Concreditor of the faid defuncl: debtor, or of any Creditor of the faid perfon , who renounceth , To be Heire to his ptedecellbrs , who fhall happen thereafter to obtaine decreet of Adjudication , againft the ap- pearing Heire of the defuncl: debtor: And that within the fpace of feaven yeares, next and immediatley following the obtaining of the faids Sentences of Adjudication, by payment of the fummes of money fpecified in the faids Sentences : Together with the Annuel-rent of the fame fummes, according to ten for each hun-. dreth thereof, during the time of the not-redemption of the fame : and of the expenfes fuftained by them in obtaining of the faids Sentences, to be taxed, and modified, by the Lords of Council and Seffion. By pay- ment of die which fummes, the faid Concreditor fhall come in the place and right of the partie from whom he redeemeth -. And fhall bruik the fame by vertue thereof, perpetually thereafter : Except it fhall happen another Concreditor, who fhall obtaine the like fentence of Adjudication to redeeme the fame from him , within the fpace above-written. In the which cafe, it is declared , That the partie redemeer , in die Second, ihrid, or fourth rowme , and fo foorth , fo long as there are any Concreditors , fhall be oblifhed not only to pay the fummes contained in the adjudication , obtained at the inftance of the partie from whom he redeem?- eth : But alfo the whole fummes, which were payed by him unto the former Concreditors ; for redemption of their Adjudication, with the annuel-rent , and expenfes in manner above-fpecified. I T I S alway es Declared, That if the partie from whom the faids Adjudications mail be redeemed , did up-lift the Fermes, and duetiesofthe lands and others * contained in the Adjudications : That then, and in that cafe, the partie redeemer fhall not be holden to pay any annuel-rentes , or expenfes : but in fo farre asthefameannuel-rents, and expenfes. exceede, and are more, than the Mailes, Fermes, and dueties, intrometted with by the partie from whom the fame is redeemed. A N D if the faids Mailes, Fermes, and Dueties, exceede both the annuel-rent andexpenfes^ IT IS Declared, That the fuper-plus fhall be al- lowed in the principal fumme, by the fight of the Lords of Council; Confideration being had of the pryces of the Fermes, and Victual , as the fame were commonly fold betwixt Zuile and Candlemefle , in die Sher- rifdome where the lands lye. IT IS alway es declared, That thefe prefents ihail no-wayes be extended to Decreetes , and Sentences of Adjudication already recovered. AND ficklike, it is Declared, That in-cafe any Minor, who hath renounced in his Minoritie, be reponed [ in integrum ] againft the fame renounciation : That then , and in thac cafe , he fball have place to redeeme from, the whole Creditours, by payment of the faids whole fummes owing unto them , and where-upon they obtayned Adjudication in manner, and with the provifions above-fpecified. And all the reft of the Priviledges granted to Minors, in Comprifings, to be likewife granted in Adjudicationes; which are here holden as repeated; ACT VIII y&teut the Extracts of Infeftments, pajl upon Comprifings, foorth of theTrivie Seale : where the fame are not regift rated at the Great Seale, pwUR SOVERAIGNE LORD, and E S t A T E S of this prefent Parliament, Understanding v_/ that funeirie His Majefties Lieges, who for great fummes have comprifed their debtors landes , are hea- vilie prejudged, throughthefraudtulabftrac"ting, or deftroying of the Writtes , Infeitments, or Confir- mations of the faids comprifed Landes: the faids Writtes , InieftmentS, and Gonfirmatiens j not being regiftratecj