Page:The Laws and Acts of Parliament of Scotland.djvu/634

 6^ The firfi 'Parliament of Aft 6% And that the whole Lands and others, both fuch as ihall be poflefled by the Debitor, and the remanent of the Lands and others contained in the faids Comprifings, ihall pertain to the Creditor irredeemably. And becaufe oftentimes Creditors, in regard they live at diftance, or upon other occafions , are prejudged and preveened by the more timeous diligence of other Creditors, fo that before they can know the condition of the common Debitor, his Eftate is comprifed , and the pofterior Comprifers have only right to the Legal reverfion, which may , and doth often prove ineffectual to them , not being able to fatisfie and redeem the prior Comprifings -.(their means and money being in the hands of the common Debitor) Therefore it is Statute and Ordained, that all Comprifings , deduced fince the fitft day of January , one thou- f and, fix hundred , and fifty two years , before the firft effectual Comprifing , or after , but within year and day of the fame, ihall come in pari pajfu together, as if one Comprifmg had been deduced and obtained for the whole refpeftive Sums, contained in the forefaids Comprifings. And it is De- clared, that fuch Comprifings as are preferable to all others in refpeft of the firft real Right and In- feftment following thereupon, or the (irft exact diligence for obtaining the fame, are and Ihall beholden the firft effectual Comprifmg, though there be others in date before and anterior to the fame ; and the forefaid benefit given and introduced hereby , in favours of thefe whofe Comprifings are led within the time, and in manner forefaid, is only granted and competent in the cafe of Comprifings, led fince the firft day of January, onethoufand, fix hundred, and fifty two years , and to be led after the date of thir prefents , and for perfonal Debt only , without prejudice alwayes of ground Annuals , Anrtualrents due upon Infeftment, and other real Debts , and T)ebita fundi , and of comprifings therefore of Lands and others affected therewith, which ihall be effectual and preferable according to the Laws and Praftick of this feftments thereupon. And further, for obviating the frequent and fraudful practice of the appearand Heirs of Debitors, who are in ufe to acquire the right of expired comprifings, and by vertue thereof, to enjoy and poffefs their Predecefiors Lands and Eftate, to the prejudice and defrauding of the pofterior comprifings and other Creditors, It is Statute, that in cafe the appearand Heir of any Debitor, or any other confident perfon to his behoof, ihall at any time hereafter acquire the right of an expired comprifing , already deduced, or which mall be led and deduced hereafter , the faid right ihall be redeemable from the ap- pearand Heir, or the faid confident perfon their Heirs and Succeflbrs within thefpace often years, after the acquiring of the faid right, by the pofterior comprifers , upon payment allanerly of the Sums truly paid and given out, for buying and acquiring the faids rights, at the leaft fo much thereof as ihall be refting unfatisfied, for the fame, by the intromiffion of the appearand Heir, or of the faid confident perfon, or their forefaids. And His Majeftie, with confent forefaid, doth Declare, That the benefit forefaid introduced here- by anent Comprifings, ihall be extended to Adjudications for Debt; fo that the Creditors, at whofe inftance the fame are obtained, and thofe who have right to redeem the fame, shall be in the fame cafe as to the benefite forefaid, as if the faid Adjudications for Debts were Comprifings. And in cafe a Creditor, againft whom the benefit of the forefaid forbearance for fix years ihall be taken, or who hath led or ihall lead a Comprifing againft the Debitor, ihall think fit, and be willing, and defirous to take his Debitors Lands, or other Eftate, or any part thereof for fecutity or payment, and in fatisfaftion of his Debt, then and in either of thefe cafes , the Debitor ihail be holden to give Se- curity out of his Lands, and other Eftate , or to fell the fame to the Creditor, at the fight of the Lords of Seffion , with fuch warrandize , and at fuch rates and prices (if the Creditor be content to buy ) as they ihall appoint ; with certification , that otherwayes the Debitor , refufing or failing , ihall lofe and forfeit all benefit introduced in favours of the Debitors by this prefent Aft, as if it had never been made. And in regard fome perfons may have taken advantage of the late times and troubles, by taking and acquiring of proper Wodfets of Lands and others, exceeding the Annual-rent of the Sums lent upon the fame ; and providing neverthelefie, by the right of the forefaids Wodfets and exprefie provifions therein, or by writ a part, that they ihould not be lyable to any hazard of the Fruits , Tennents, War or Troubles; His Majeftie, with confent forefaid, Statutes and Ordains , that all fuch Wodfets , granted' fince the year one thoufand, fix hundred, and fourty nine, ihall be reftrifted to the ordinary Annual- rent of the Sums whereupon the fame are redeemable ; and the faids Wodfetters ihall be countable for the fuperphs of the Mails and Duties and other benefit of the fame, exceeding the Annual-rent of the faids Sums, and the fame ihall be imputed and afcribed , in fatisfaftion of the faids principal Snmspro tanto : And in cafe any fuch Bargains and Rights ihall be made and acquired hereafter, His Majeftie , with confent forefaid, Declares the fame unlawful and ufury , and the contraveeners ihall be puniihed feve'rely as Ufurers, conform to theLawes and Afts of Parliament againft Ockerers andUferers. And as to proper Wodfets, granted fince the time forefaid , where the Creditor undergoes the faids hazards, and the fame are affected with the ordinar provifions and claufes irritant, in cafe ofnot payment ofthefums given out and due upon the faids Wodfets, atthetearmes and in manner mentioned in the faids Rights :