Page:The Laws and Acts of Parliament of Scotland.djvu/635

 A d 6z. King CHAR L_E S the 1 1, i 6 6 1. 65 Rights: albeit the faids Wodfets and Provifions be lawful ; yet His Majefty, confidering and having refpe<ft to the difficulties of the times, Statutes and Ordains, with confent forefaid , That the faids Claufes irritant, mail not take away the Heritors right, they alwayes redeeming within the fpace of five years after Whit- fundaylaft: And in cafe the Debitors conceive, that they have dif-advantage by the faid proper Wodfets, and fhall defire to redeem the fame, it fhall be lawful to them to redeem at any tearm of Whitfunday or Mar- timefle they pleafe, notwithstanding of any provifion to the contrair in the faid Wodfet-rights , or any other right apart'fufpending the redemption thereof. Like-as it is Declared, That the claufes of requifition con- tained in proper Wodfets, granted fince the year one thoufand ,fix hundred, fourty nine years , fhall be effec- tual and no wayesfufpended nor prejudged hereby ; But prejudice alwayes to the forbearance of perfonal execution in manner above- written. And where the Creditors and Wodfetters have tranfacfed with their Debitors, and have acquired inredeemable rights , for , and in place ol their former Wodfets, It is Ordained and Declared, That when , and at what time foever the faids Wodfets were granted , whether before or fince the year one thoufand, fix hundred , and fifty years , the faids tranfactions and irredeemable rights acquired by the Creditor for the fame, are and fhall be valid and effectual, and fhall no way es be prejudged by thefe prefenrs. And further His Majefty, with confent forefaid, doth Declare, That in cafe any Debitors have by Vo- luntar agreement betwixt them and their Creditors, or any of them , renounced the benefit of any Acfs of this nature, concerning Debitor and Creditor , made or to be made , the faid agreement fhall be of force and effectual, and fhall not be prejudged hereby ; without prejudice alwayes to the faid Debitor of the prorogati- on forefaid of the Legal reverfions of comprifings led and deduced againft them, and not as yet expired , not- withftandingot the agreement and renounciation forefaid. And becaufe, before the year one thoufand, fix hundred and fifty , when money paft at eight or ten per cent, divers proper Wodfets were then made and granted , and are yet unredeemed ; and fince the beginning of January, one thoufand, fix hundred, and fifty, there be divers perfons, who taking advantage of the times, refufed to lend their money , unlefs they got proper Wodfets of Lands and Teinds , at extraordinary advantages, to the heavy prejudice of the Debitors : Therefore, His Majefty, with advice forefaid, Sta- tutes and Ordains, That in time coming, during the not requifition of the Sums whereupon the faids Wod- fets ave redeemable, and during the not redemption of the fame reflectively , if the Debitors fhall give fuffi- cient Security to the Wodfetter, for payment of his Annualrent , during the not redemption , or not requifi- tion, as faid is ; In that cafe , the Creditors-Wodfetter, fhall be holden to renounce and quy t his pofleffion of the faids Lands and Teinds , in favours of the Debitor and others having right from him ; At leaft if the Wod- fetter fhall be content to retain the pofleffion of the fame ; In that cafe all the free Profits and Rents, which he fhall have or uplift out of the faids Lands, fhall be reftrifted to fix/>? r cent, yearly of free money, and the Wodfetter ihail be countable to the Debitor, or others having right from him, for the fuperphis ; and that without prejudice of the Wodfetters real Right and Infeftment, ay and while the Lands be redeemed , and the principal Sum whereupon the fame is redeemable fhall be fatisfied. It is alwayes provided, that where any Creditor hath had lofs by his pofleffion of the Wodfet-lands and others fince the date of his Wodfet, So that he hath not receaved as much Free Rents as, comrnuriibas minis , hath extended to the Annualrent allowed by Law for the time, all charges and burdens being deduced ; in that cafe , it is provided that the Wodfetter fhall be firft fatisfied of what he wants before he quyt his r-olTeffion ol the faid Wodfet-lands, or be holden p accept Security for his Annualrents : And it is Declared , that in the account of the Wodfetters by -gone lofs, there ihall be allowed what he hath disburfcd upon reparation and building of Tennents houfes, Milnes, and for the advantage of the ground ; and generally all other expence which the Wodfetter was put to, and what lofs he fuftained in reference to the faids Wodfet-lands, Rights and Securities thereof, any manner of way; and what he hath loft by Quarterings, Cefs, wafteLand, depauperated Tennents, or by Tennents who we re or are no table to pay, unlefs the ground ihould be caften wafte : And becaufe the Wodfetters probation of his faids lofs may be difficile, he not conceiving that there fhould be neceffity for any fuch count, or that there fhould be any alteration made in the right and pofleffion of his proper Wodfet, Therefore His Majefty, with advice forefaid , doth allow the Lords of Selfion to take fuch reafonable probation as in equity they ihall chink fit ; And if there be any deficiency, to take the Wodfetters Oath in fupplement ; and where the Wodfetter is in natural pofTeffion of the Wodfet-lands, by dwelling thereon or labouring the fame with his own Plough and Goods, or otherwayes , having the fame plenifhed with his faids Goods , in that cafe, he ihall not be holden to remove from his faid pofleffion, but at the ordinary tearm of removing , and that he be lawfully warned fourty dayes before , and after fufficient Security fhall be made to him , in manner above fpecified, before the faid warning. And His Majefty having granted fo much favour, benefit and indulgence to Debitors , as the like cannot be fhown to have been granted at any time in this Kingdom, doth Declare, Statute and Ordain , That the Laws and Pracf ick of the Kingdom,concerning Debts and payment thereof,and diligence & execution for the fame, and concerning proper Wodfets , where the Creditor- wodfetter hath the hazard of Fruits , Tennents, War and others, fhall be obferved inviolably , and be of full force, vigor and effect in all time coming, ex- cepting fo far as the fame is altered, innovat and repealed by this prefent Act. I t 4&