Page:The Laws and Acts of Parliament of Scotland.djvu/701

 King CHARLESAII. n 7 fhetimeofhisdeceafe, and thereupon the faids Executors fha'll be holder to make faith, if required, not- withfianding of any Initruclipn produced by them. As alio, the Relict confirming her felf Executrix Credi- trix, and for fatisfying of the bbliegement of her Contract of Marriage , or other Provifion made to her by her Husband where there was no Contract of Marriage, be alfo free ot Quot , in fo far as the Inventer extends to five years purchafe of the Annuai-rent or Life-rent provided to her ; and that flie fhall be iyabie and pay Quot for inzfuperplus of the free Goods or Debts confirmed^ And that this be extended to all other Life-renters, confirming themfelves Executors Creditors. Aslikewayes, that poor people, not worth in heretable or moveable Eftate fourty pounds Scots money, have their Confirmation pad and regiftrat free from payment of any Quot ; and for Fees of Court, that they pay only two pounds eighteen fhillings Scots. And farther, it is Statute and Ordained, That heretable Debts refting by the Defunct, be Infeftment, Bonds or Contract s bearing obliegment to infeft, be not allowed be the Commifiars at the Confirmation, todefaulk off the In- venter in prejudice of the Quot, where there is an heretable Eftate belonging to the Defunct to fatisfie the heretable Debts, even though the faids Debts be given up by the Defunct himfelf or his Executor. And likewayes, it is Statute and Ordained, that Commifiars admit of no divifion in Tefiaments, in favours and upon accompt of the Relicl, where by her Contract of Marriage or other wayes, ihe is fecluded from all part of her Husbands moveables ; And if a bipartit or tripartit divifion be craved be the Executor at the confirma- tion upon her accompt, in that cafe the Procurator Fifcallhall have power to cite the Relief, for production of her Contracl of Marriage, or to give Oath upon her having thereof, or that by the fame or any other Writ, Ihe is fecluded: And if it appear, either be the laid Contracl: or be any other. Writ, or be the Reliefs Oath, that flie is fecluded from the third or half of the moveables, That then the Teftament fliall be confirmed without divifion upon her accompt, and the Quot payed accordingly ; Arid in cafe there be any exception in the Reliefs tavours, of the Infight and Houihold-plenifhing, or any part thereof, In that cafe deduction is only to be granted of the Quot, effeiring to the proportion excepted and referved in her favours. And laft- ly, His Majefty, with advice forefaid, Statutes and Ordains, mat in time coming, no Charges of Horning be given to any perfon, at the Procurator Fifcals inftance, for giving up of Inventer, butuponaRoll of the perfons names to be cha rged fubferibed be the Commiflar, and that within the fpace of three years after the Defuncts deceafe, after which time it fliall not be leilome to give any fuch Charges of Horning for giving up of Inventer; And for the years preceeding, that they fliall only charge for giving up Inventer of the Goods of fuch Defuncts who have deceaft fince the year, one thoufand, fix hundred and fixty. And Ordains, That Letters of Caption fliall not be ufed againft any of His Majefties Lieges for not confirmingof Tellaments,but Where the Letters of Horning have been execute againft the parties perfonally, or at their Dwelling-hoitfes and Paroch Kirk-doors, on a Sabbath-day after Divine Service. And Ordains the Commifiars of the refpe- ctive Diocefies, to keep Circuit Courts the time of the Spring and Harveft Vacance, for Confirmation of Tefiaments at fuch convenient places in ilk Presbytery, as may be moft conducing to the good and eafe of the Lieges; and whereunto they arc to be cited perfonally, or at their Dwelling-places and Paroch-Kirks as faid is, to the end and effeft forefaid : With certification, that if the Commiflar, Commiffar-clerk, Procu- rator Fifcal, or any other Member of Court, tontraveen this Aft, the contraveener fliall fuffer depriva- tion of his Office, and never be re-admitted thereto again, befide fatisfaftion to the party grieved, of any damage fuftained by him there-through. X X. tyi C T for in-bringing ofpublick Dues from the Northern Shires. 'December 23. 1669. OUR Soveraign Lord confidering, that divers perfons within the Shires of Rofs, Sutherland, Caithnefs, t^Argyl, lnvemefs and Burghs within the fame, areinarrear, and deficient in payment of a confide- rable part of the Annuity olExcile, granted to His Majefty in the year, one thoufand, fix hundred and fixty one, the Taxation and Afleffment impofed by the Conventions of Eftates in the years, one thoufand, fix hun- dred and fixty five, and, one thoufand, fix hundred and fixty fix, norwithftandingofall legal diligence ufed for in-bringing thereof. For obtaining payment of which Arrears, and for the more effectual and better pay- ment of the faid Annuity ofExcife in time comming, His Majefty, with advice and confent of the Eftates of Parliament, doth Statute, Ordain and Declare, That the perfons deficient and in arrear of the forefaid Annuity of Excife, Taxation and Affefsment in the faid Shires, and Burghs within the fame, preceeding the Moneth of November laft, and who fliall not pay in the fame according to their refpective proportions, to the Receivers and Collectors thereofbetwixt and the firft day of June next to come,fhall be Iyabie in double pay- ment of all fuch deficiency and arrear,without any manner of defalcation. And farther Declares, that if ior the future, three quarters payment of the faid Annuity ofExcife in the faid Shires, fliall happen to run in the fourth unpayed (the feaft and terme of Candlemas next enfuing being the firft terme) Then