Page:The Laws and Acts of Parliament of Scotland.djvu/509

 O F KING C HAR L E S THE FIRST. 485- thenordinarie refidence, whether the fame annual- rent be in visual, or infilver: die annual of victual to be efteemed according to the flock of money for which it is payed, at eight for ilk hundred thereof. And fhall caufe the parties, up-givers of the faids inventars, everie partie fubfcribe his own inventar himfelfe, if hee can write; and if hee cannot write , the Clerk of the faid Court fhalifubfcribe the faid inventar in face of the court before the members thereof. And alfo the Sherriffs, Stewards, Baillies, Baillies of Regali- ties, Proveft, and Baillies of Free-burro wes within the bounds of their jurifdictions : And the Clerks them- felves fhall make and give up ane inventar of the Debts owing to themfelves, and by themfelves, as faid is. IT IS alwaies provided, that if any perfon impedit by reafon of ficknefs , or diftracted by fome other juft occafion, ihall not be prefent himfelfe to give up the faid inventar , It fhall be lawful for him to caufe any honeft refponfal man within the jurifdiction where hee dwels, compeir and give up his inventar , oro- viding the fame be fubfcribedby himfelfe, or any Notar at his command, which the ingivcr fhalf de- clare to be one true deed, and fhall abide at the fame upon the like hazard and danger , as the prin- cipal partie fhould underlye : which fhall be alsfufficient, as if the inventar had been, given perfonally up by the principal partie himfelfe: And an inventar being once made and given up, fhall flill fland, and be a ground to charge any perfon, during the time of the fix years of the faid taxation , unlefs the par- tie change, or otherwaies employ his (itmmes: and then he fhall give up a new inventar, which fhall be a new ground of a charge, and the former fhall ceafe. And the faid Clerk fhall make a Record in his Re- gifter of the faids whole inventars : which inventars being fo recorded , fhall bee extracted by the faid Cietk, and fubfcribed with his hand, And three extracts made of the fame; one to be given to the partie, if he re- quire the fame ; another to be fen: by the faid Clerk to the Collector of the faid taxation; and the third to be fent by the faid Clerk, to the CLERK of His MAJESTIES REGISTER, to be kept a- mongft the Records of his Majeitfes Exchequer , to the intent it may be known how far everie party is lyable in payment of the faid extraordinarie taxation. For the which extract and not made in Regifler, the faid Clerk fhall have of every perfon , up-giver of an inventar , the fumme of four fhillings money. And i{ by floth or malice the Clerk ihall happen to delay, or fhift the Lieges , reforting to the faids courts to the effect forefaid, (complaint being made thereof to the Lords of his Majellies privie Council) the faids Clerks fhall bee pu- nifhed accordingly, at the difcretion of the faids Lords. And at any Court day, in any of the faids two Weekes preceeding or immediately following any terme, it fhall be leafome to any perfon to compeir and offer to give up his inventar (hee making payment of the taxation due for the fame) which the Clerk & Jud^e Ihall be aflricted to receave. AND albeit it be declared. that an inventar once given up fhall flill fland, and be a ground to charge any perfon during the whole termes of the faid taxation, except the fame be changed in manner forefaid : Yet becaufefundry, who have this liberty ■, delay to make payment of the taxation of their moneys after the time be expired, THEREFORE It is provided and declared , that if they faillie to make payment of the due taxation of their moneys within twentie dayes after each terme, that the partie fo faillying, fhall be iubject in payment of the triple of the faid taxation i for each terme wherein he faillies, and letters fhall be direct againft them, for payment thereof in forme as effeiris. FURTHER,, For the better obfervation of this Act, It is declared , that wtiofoever receaves, re- taines, or conditions to receave any annual-rent i and concealeth the fame , or any part thereof : Or in giving up his inventar of debts, and annuals owing by him to hisjufl creditors, givethup more than he is juflly addebted , the up-giver thereof fhall forefeit that termes annual to his Majefties ufe. AND who- foever firfl difcovers * orreveales, either the annual concealed , or annual which is more than the up-givers jufldebt; ihall for his reward have the halfe of that termes concealed annual, and as much as the halie of that annual which fhall be difcovered to have been unjuftly given up. AND In-cafeft fhall happen any perfon or perfons whatfoever, by vertue of his up-given inventar, to be charged for payment of his taxa- tion, and at the time of his charge to declare in prefen^e of a Judge by his great Oath folemniy fworne, that his debter is a bankrupt, whereby he is difabled to make payment of his taxation, and is content the Kings Majefly fhall have the whole annual-rent addebted to him by his bankrupt debtor for that terme, The faid declaration fhall bee a fufricient liberation to him of the fame : AND For efchewing of malicious dilators lof thofe who have omitte f or concealed their fummes, IT IS ordained, That whenfoever any perfon Khali accufe, or delate another of concealing, or omitting of fummes, the time of making his inventar, he ■hall condiicend upon fome probable caufe ot his delation, and Ihall find caution dejudicato folvi , incafe he laillie in providing that which hee delates. And there fhall no fuch actions of delations bee lawful againft [dead perfons, their heires, nor executors* except that the fame hath been intended before the faids per- sons their deceafe. Neither fhall it be lawful after year and day after the expiring of the faid taxati- on, to intend any fuch action. AND Incafe any perfon purchafe wedfet of Lands, and fet die fame back again in tacke to him who wedfet the fame* The tackfmen, pofleflbrs of the Lands, fhall pay for the fterit IJofthe Lands, & the haver of the wedfet fhall pay for the annual-rent of his money which he hath on the Land, ilas if the fame were imployed for annual-rent. ATTOUR it ihall not be lawful by no manner of way ko any creditor, to get reliefeofhis debtor for this taxation which is impofed upon annual- rents, by this fflatute, under the paines contained in the Acts of Parliament made anent Ufurers. AND concerning Minors, it is declared, That their minority fhall no waves priviledge them, but their tutors and curators V v v /hall