Page:The Laws and Acts of Parliament of Scotland.djvu/599

 Aft 32-, 33. Jfo'ag CHARLES ? i&? I L ¥661. || brought in to the Clerk of Regifter and his Deputes, within 'thteefcore dayes after "die- 'p'ubl«-atlc4 hereof, and all Compriftngs to be led and deduced hereafter '*, to be breu-g'ht in to the faidXJierfc, of Regifter 'and his Deputes, within threefcore dayes after the date thereof. With certification , tlv& if they be hot allowed and recorded within the faid fpace , any other Cotnprifing though ^ofierioV in' date, yet if it be allowed and recorded before the priorComprifing, the fame Ibalfbave preference according to the date of the Allowance and Record • but prejudice alwayes to any farther diligence by Infeftments , or charges againft the Superior , according to the priority or polterionty tlfer&f, front de jure. XXXII. Aft concerning Heritable and Moveable Bonds. OUr Soveraign Lord, with advice and confent of His Eftates of Parliament, for many juft and rea- fonable cauies moving Him, Statutes and Ordains, That ail Contrafts and Obligations for Sums of money payable to parties at any time, madeand dated fince the ftxteenth day of November, one thoufand fix hundred and fourtyone, or to be made in time coming, containing xlaufes for payment of Annualrent and Profit, are, and fliall be, holden and interpret to be Moveable Bonds, except in thefe cafes following; viz. That they bear an exprefs obliegement to infeft, or that they be con- ceived in favours of Heirs and Affignes, fecluding Executors, in either of which cafes, Ordains the Sums to be Heritable, and to pertain to die Heir; btherwayes to be confirmed by the Executor, and to appertain to the neareftofKin, and to the Defuncts Executors and Legators, according to the Law and praftick of Moveables, Declaring alwayes, that all fuch Bonds, quoad jl[atm, fliall remain in the fame condition as they were before the faid fixteenth of November, one thoufand fix hundred and fourtyone, not to tali under the compafs of fingle Efcheat, nor fliall any part thereof pertain to the Re- lift, jurerehtta, where the Bonds are made to the Husband, nor to the Husband, jure marttt, where the Bonds are made to the Wife, unlefs the Relift, or Husband, have othcrvvayes right and intereft there- to, Declaring neverthelefs, that this provifion fliall no way prejudge Wife, nor Husband, and their Executors of their refpeftive Titles and interefts to the by-gone Annualrents of the faids Bonds, rafting before either of their deaths. XXXIII. Aft for the right Tacking of Salmond. OUr Soveraign Lord and Eftates of Parliament, understanding, that the Salmond-filhings are one of the principal benefits, whereby Trade is maintained, and Money brought into the Kingdom ; And that through the evil ordering thereof, both in the infufficiency of the Barrels, and alio in the difloyal pack- ing of the fame ; not only is the Merchants eft ate damnified thereby, but alio the Nation is difhonoured abroad, and disappointed of what fliould return thereby. Therefore, Our faid Soveraign Lord; .with advice and confent of the faids Eftates, Ratifies and Approves all and fundry Afts of Parliament, Laws and Gonftitutions of this Realm, made anent Salmond-fiihing, and the fufheiency of the Barrels, and loyal packing thereof, withthis addition, That the whole Coupers within this Kingdom, make the laid Salmond Barrels of good and lufficient new Knappel, for which they fliall be anfwerable, without worm- holes, and white- wood, and of fufficient tightneis, for containing the pickle, and fufijejent tightnefle for enduring all kind of ftrefs in the handling ; and that the Barrels contain ho lefs then ten Gallons 01 the ! Stirling pint, (conform to an Aft of His Majesties Council.of the date at Hal) rood-houfe the fifteenth day of July, on thoufand fix hundred and ninteen years, which His Majesly with confent ioreiaid, Ratifies land Approves, in all the Heads, Qaufes and Articles thereof) under the pain of five pounds,- to be: paid by theCouper, for each inefficient Barrel, and efcheat of the faid Barrel, and that the fame be well pinned in the pickle before the packing < and thereafter the faid Barrels to be well tighted and dciiblfe girthed before the traniporting thereof to Forraign Nations. And that no Barrel be lboner made and blown, but the Coupers Birn be let thereon; on the tapone-ftafFthereof, in teftimony of the lufficien'cy of the Tree; and that every Couper be anfwerable and liable in payment of iiich fofs as happen to be laid on the Filhat theMercat, if it be found to be in the default of the Couper by dieinfuffkieney of the Tree,or packing,or any odier means in the Coupers deiault,and that they keep right gage.both in the length of the ftaves,the bilg-tir th,the wi ienefs of the head,& deepnefs of the chine;the Barrel being madc,marke/U D 1 ana