Page:The Laws and Acts of Parliament of Scotland.djvu/559

( 13 ) bearing the warrandice foreaid, To Our Advocat, at uch diets, and times as hould be appointed, and pre- cribed to them by Us, or Our Chancellour, at Our command, and direction, before the giving forth of Our Determination in the Premies; As in the aids general Submiions at more length is contained. AND FOR SAMEIRLE As Wee according to the proviions contained in the aids Submiions, by Our Let- ter, of the dare the lat day of Junij 1628. Gave pecial warrand to Our Commiioners for production of the foreaids Tacks, Lcafes , and others foreaids, who by their Act and Ordinance of the date the Eight day of Augut, and by publick Proclamation pat thereupon: Ordained that all the aids Perons having interet, houid compear before them upon the firt of November 1628. years; Bringing, and producing with them, all their Leaes, and Tacks of Other Mens Teinds, et to them, or their Authours, before their Erections, together with all their rights, and ecurities of the foreaids Teinds, bearing abolute war- randice, or warrandice of their own moneys in cae of eviction: To the effect, the ame might be een, and conidered by Our Advocat, with certification to them that failies, that they hould not be heard to claime any atifaction for the ame thereafter. And that ome few allanerly of the aids Perons having interet , have given in their Tacks, and Rights, bearing warrandice as aid is: Sua that by rigour of Law, Wee might give out Our Determination without repect of the aids Rights, not produced to Our aid Advocat, conform to the proviion contained in the aids Submiions. YET WEE out of Our Royal clemencie, and goodnes DECERN, and ORDAIN full, and plenary atisfaction to be made, not only to thoe who have al- ready produced, and whoe productions are extent in the Regiters of the aid general Commiion: But al- o to all other perons Submiters, who have lawful Tacks et to them, their Predeceours, or Authours of the aids Teinds of Erected Benefices, which talleth within the cempas of the aids Submiions, for the Rights of the aids Teinds during the paces contained in their aids Tacks, and that without any defalcation, or diminution of the price thereof, in repect of Our particular right, and interet; But according to the full availe of the years to run contained in the aids Tacks; They alwayes exhibiting, and producing to Our Ad- vocat for the time, or Clerks of Our Commiions foreaids, their aids Leaes, and Tacks, betwixt this and the lat day of May next to come, and no otherwayes; And becaue after production thereof, every Peron will not have alike years, and paces to run in their aids Tacks; Therefore Wee referre to Our aids Commiioners to et down the jut worth, and valuation of the aids Tacks et before the aids Erections, according to the number, and paces of years of the ame which is yet to run; And to modifie the aid price, to each Peron accordingly. AND SICLIKE, Wee Decern, and Ordain That the aids Perons Sub- mitters, nor none of them hall be any wayes prejudged by their aids Submiions, of their actions of war- randice, competent to them againt their Authours, from whom they bought, or acquired their Rights of the aids Teinds, which falleth within the compas of the aids Submiions: But declares their aids actions of warrandice, to be free, and reerved to them, allowing alwayes in the firt end thereof, o much as they are to receive by vertue of this Our determination, in the firt end of their aid wanandice; And if any of them hall happen to be prejudged by, or through occaion of their ubcribing of the aids Submiions, of their aids actions of warrandice, and to be debarred therefra in whole, or in part, by occaion thereof. In that cae Wee Decern, that whatoever by Law they might obtain againt their aids Authours by their action of warrandice, for warranding of their rights of the aids Teinds, which falleth within the compas of the aids general Submiions: And for the which they are or hall be debarred by and through the aids Submi- ions, and this Our determination following thereupon: That the ame hall be refounded to them by Our aid Theaurer-principal, Theaurer-depute, and Receivers foreaids: They alwayes exhibiting, and pro- ducing to Our aid Advocat, or Clerks of Our Commiions foreaids, their aids rights bearing warrandice in manner foreaid, betwixt and the lat day of May next to come, and none otherwise. AND Wee FIND, and DECLARE, That this general coure, and order, That every Heretour hall bruick, and poes his own Teinds, hall have begining in this intant year of God 1619. years, The aids Heretours being al- wayes ready to fullfil, and perform their part of this Our determination, And to the effect, that the aids Titulars may receive full, and compleat atisfaction of the price of the aids Teinds, ua farre as is due to them by this Our determination, from the aids Heretours who hall buy their Teinds as aid is, or where they hall not buy, that the aids Titulars may be ecured in the yearly rate, and quantity of the aids Teinds to be payed to them of the aid Cropt 1629 years, and yearly thereafter; Wee Referre the conideration of the terms of payment of the aids prices, And alo the terms of payment of the aid payable rent of the aid Cropt 1629, and yearly thereafter, Together with the manner, and form of ecurity to be given thereanent, by the aids Heretours, to the aids Titulars, unto Our aids Commiioners; To whom Wee give full power to et down, uch ample ecurities as may tand by Law, both for Our ecurity, and for the ecurity of the aids Titulars in the premies. Which form of ecurity to be ordained by them, Wee decern the aids Here- tours to oberve, and fulfil in all points, after the form, and tenour thereof. Like as alo Wee referre to the conideration of Our aids Commiioners, what manner of ecurity hall be made by Us, to every Heretour of the Teinds of his own Lands; To the effect they may bruick the ame heretably, and perpetually for ever,, according to the meaning of this Our determination. AND WEE DECERN, the aids whole Per- ons Submitters, their Heirs, and Succeours, to obtemper, fulfil, and obey this Our determination, in the whole heads, and Articles thereof; They receiving lawful, and perfect ecurities, conform to the tenour of our