Page:The Laws and Acts of Parliament of Scotland.djvu/596

 16 TJje firft Parliament of Act 24, 15-. fore His Majefty, with advice and confent of His Eftates of Parliament, Ratifies and Approves all and whatfoever Liberties, Priviledges and Immunities, given and granted by His Majefties Royal Prede- ceflors, to, and in favour of, the laid Colledge or' Juitice, and ot the Senators, Advccats, Clerks, Writers to the Signet, and remanent Members of the fame, or whereof they have been in ufe and pofTeffion in any time by-gone, together with all Laws, Acts of Parliament, Statutes and Conftituti- ons, made and conceived in their tavours ; Holding and Declaring this prefent Ratification to be as fufficient as if all the forefaids Priviledges, Freedoms and Immunities, Acts, Statutes and Grants^ of, and concerning the fame, were in fpecial and at length expreft herein. And His Majesty with ad- vice and confent forefaid, Ordains and Declares, That the whole Priviledges, Liberties and Immu- nities forefaid, granted and belonging to the ordinary Lords and Senators of the Colledge of Juitice, ihali be extended, belong and appertain to, and enjoyed by, the Advocats, Clerks, Writers to the Signet, and remanent Members ot the faid Colledge of Juftice, in all time coming, notwithstanding of whatfoever Acl, Cuftome or Practice to the contrare. "X X 1 V. AB concerning Appearand Heirs, their payment of their TredeceJSors and their awn 'Debts. OUr Soveraign Lofd,with advice and confent of theEftatesof Parliament,taking into confideration> that Appearand Heirs immediately after their Predeceifbrs death, do frequently difpone their E- flate in whole or in part, in prejudice of their Pied ectflors lawiu: Creditcrs,beicre their death cometo their knowledge, or before they can do lawful diligence againft the faids Appearand Heirs ; and which Difpofitionsthe faids Appearand Heirs do often make beiorethey belerved Heirs and Infeft; orother- wayes, by collufion they fufler their Predeceflors Eftates to be comprifed or adjudged from them for payment of their own proper Debts, real or fimuiate, without reipett to their Predeceflors Creditors.- And His Maj efty, confider'mg how juft it is,that every mans own Eftate ihould be firft liable to his own Debt, before the Debts contracted by the Appearand Heirs. Therefore, His Majefty, with confent forefaid, Declares, That the Creditors of the Defunct fhall be preferred to the Creditors of the Ap- pearand Heir in time coming, as to the Defun&s Eftate ; providing aiwayes, that the Defuncts Cre- ditors do diligence againft the Appearand Heir, and the real Eflate belonging to the Defunct, within the fpace ot three years after the Defun£ts death. And becauie it were raoft unreafonable, that the Appearand Heir, when he is ferved and retoured Heir, and infeft r effective, ihould for the full fpacc of three years, be bound up from making Rights and Alienations of his Prcdeceffors Eftate; and yet it being as unreafonable that he ihould dilpon thereupon immediatly or fhortly after his Predeceflors death, in prejudice of his Predeceflors Creditors, he having year and day to. advife whether he will enter Heir or not. Therefore it is hereby Declared, That no Right or Difpofition made by the laid Appearand Heir, in lb far as may prejudge his Predeceflors Creditors , ihali be Yalid, unlds it be made and granted a full year after the Defuncts death. XXV. Alt for Denouncing of Excommunicate Terfons. ^Ur Soveraign Lord, with advice and content of His Eftates of Parliament, confidering the infolency of Excommunicate Papifts and others, who flight the dreadful Sentence of Excommunication, to thedilhonour of GOD, and obduring ot their own hearts ; Doth therefore ratifie and Approve all Acts of Parliament and Acts of Privy Council, ftanding before the year one thoufand fix hundred and fourty, againft Excommunicate Perfons. And Statutes and Ordains, That in time coming , fourty dayes being pail after the faid Sentence of Excommunication, Letters be direct at the in fiance of His Majesties Advocate, for denouncing all Excommunicate Perfons , His Ma- jefties Rebels, and putting them to the Horn, and that by warrand of the Lords of Pri- vy Council or Sefiion : which denounciation being ufed, by vertue of the faids Letters, at tire ^l/ercat Crofs of Edinburgh, and Peir of Leith , is hereby Declared , to be fufficient againft them, and for ufing of Caption thereupon , and taking ot the Efcheat and Liferent of the Re- bels conform to the ftanding Laws of this Kingdom. Providing aiwayes, that before the pafling of any fuch Letters of denounciation , the whole Procefs and Sentence of Excommunication be exhi- bite and produced before the Lords of Sefiion, in Seflion-time, to the end, that they may cenfider the legality of the Procefs, and grounds whereupon the Sentence proceeded: and that accor- dingly the}- may give forth the faids Lerrers of denounciation, as they lhall think juft and reafb- nable, XXVI