Page:The Laws and Acts of Parliament of Scotland.djvu/485

 XXIII. PARLIAMENT. IV. of Auguft, i6zx. 4 6 3 throw of many honeft mens fortunes, andeftates; that it is likely to diflblve truft, commerce, and faith- ful dealing amongft Subjects : Whereupon mu ft enfue the ruine of the whole Eftate, if the godlefle deceites of thofe be not prevented, and remedied, who by their apparent Wealth in Lands and goods , and by their fliowe of Confcience, Credite , and Honeftie ; drawing into their hands upon truft the Money, Merchandize, and Goods, of well-meaning and credulous perfons, doe no wayes intend to repay the fame : but either to live ryetoufly by wafting other mens fubftance : or to enrich themfelveSi by that fubtil Health of true mens goods, and to withdraw themfelves, and their goods foorrh of this Realme, to elude all execution of Juftice : And to that effecT, and in manifeft defraud of their Credi- tors, do make fimulate and fraudful alienations , difpofitions , and other fecurities , of their Lands , Reverfions, Teyndes, Goods, Actions, Debtes, and others belonging unto them, to their Wives , Children, Kinf-men, Alleyes, and other confident and interpofed perfons ; without any true, lawful, or neceflarie caufe : and without anyjuftor true price interveening in their faids bargaines: Whereby their juft Creditors, and Cautioners, arefalfly and godlefly defrauded of all payment of their juft Debts ; and many honeft Families likely to come to utter ruine. FOR remeed whereof, the faids L O R D E S , according to the power given unto them by His Majeftie and His mod: Noble Progenitors, to fet downe orders for adminiftration of Juftice : meaning to follow and praftife the good and commendable Lawes, Civil and Canon, madeagainft fraudful aliena- tions, in prejudice of Creditors , and againlt the authors and partakers of fuch fraude ; Statutes , ordaines , and declares, That in all actions , and caufes depending , or to be intended by any true creditor , for re- coverie of his juft debt, or fatiffaclion of his lawful aftion and right ; They will decreete and decerne , I all alienationes, difpofitions , affignations , and tranflations whatloever , made by the debtor , of any I of his lands, reindes , reverfions , actions , debtes , or goods whatfoever , to any conjunct or j confident perfon , without true, juft, and neceflarie caufes , and without a juft price really payed , the fame beeing done after the contracting of lawful debts from true creditors : To have beene from the I beginning, and to be in all times comming, Null, and of none availe, force, nor effect : at the in- (ftanceof the true and juft creditor, by way of aftion, exception, or reply : without fuither declaia- (tor. And in-cafe any of His Majefties gooifubjecles (no wayes partakers of the faids fraudes) have j lawfully purchafed any of the faids Bankrupts landes or goods, by true bargaines, for juft and compe- tent pryces, or in fatisfaftion of their lawful debts, from the interpofed perfons , trufted by the faids dyvours. In that cafe, the right lawfully acquired by him who is no-wayes partaker of the fraude, fhall Inot be annulled in manner forefaid. But the receiver of the pry ce of the faids lands, goods and others, from the buyer, mail be holden and obliihed to make the fame forth-comming to the behoove of the bankruptes trew creditors, in payment of their lawful debts. And it fhall be fufficient probation of the jfraud intended againft the creditors, if they , or any of them , fhall be able to verifk by writte , jor by oath, of die partie receiver of any fecuritie from the dyvour or bankrupt , that the fame was jjmade without any true, juft, and neceflarie caufe, or without any true and competent price: Or that jthe landes and goods of the dyvour and bankrupt beeing fold by him who bought them from the faid ' (dyvour, the whole , or the moft part of the price thereof was converted , or to be converted to the (bankruptes profite and ufe. Providing alwayes, that fo much of the faids landes and goods, or i prices thereof fo trufted by bankrupts to interpofed perfons, as hath beene really payed, or afligned fcy them to any of the bankrupts lawful creditors, mail be allowed unto them , they making the reft
 * torth-comming to the remanent creditors, who want their due payments. And if in time comming

• jany of the faids dyvours, or their interpofed partakers of their fraude , fhall make any voluntarie pay- . Iment or right to any perfon, in defraude of the lawful , and more timely diligence of another creditor , ihaving ferved Inhibition, or ufed horning, arreaftment, comprizing, or other lawful meane, duely to affect the dyvours lands, or goods, or price diereof to his behoove. In that cafe the faid dyvour, or interpofed perfon, fhall beholden to make the fame forth-comming to the creditor, having ufed his • ;firft lawful diligence : who fhall likewife bee preferred to the concreditor, who beeing pofterior unto him in diligence, hath obtained payment by the partial favour of the debtor, or of his interpofed con- fident : and fhall have good action to recover from the faid creditor that which was voluntarily payed i |in defraude of the perfuers diligence. Finally, THE LORDES declares all fuch bankrupts, and dyvours , and all interpofed per- fons, for covering or executing their frauds, and all others , who fhall give counfel, and wilful aftiftance Unto the faids bankrupts, in the divifing and praftifing of their faids fraudes and godlefTe deceits , to Hie prejudice of their taie creditors , fhall be reputed and holden difhoneft , falfe , and infamous per- fons, incapable of all honours, dignities, benefices, and offices: Or to pafle upon inqueiftes, oi kflyfes: Or to beare witnefie in Judgement, or out-with in any times comming. Rrr % ACT