Page:The Laws and Acts of Parliament of Scotland.djvu/717

 King C H A R L E S the II. 143 I I ACT concerning Tupls and ^Minors, and their Tutors and Curators. Edinburgh, 28. of June, 1672. OUR SOVERAIGNLORD, Confidering the great prejudice and inconvenience befalling to Pu- pils and others, who cannot provide for, or defend themfelves, -That their Tutors or Curators have immediate accefs to their Charter-cherts, Writs, Evidentsand Securities of their Lands, fums of money, and others belonging to them, which they m ay imbefil , fupprefs , or by collufion , give up to their Debitors or other parties interefied, withoutjuftfatisfaction; Orotherwife, having gotten fatisfa&ion, there is no mean by which a Charge can be made up againft the faids Tutors and Curato r s , but themfelves , when they are brought to an account, make both their own Charge and Difcharge; and in cafe of their deceafe, they whofucceedtothem, for the moft part, can have no Charge made up againft them at all. Forremeed whereof, His Majefty , with advice and confent of His Eftates of Parliament , Statutes , Ordains and De- clares, that no Tutor or Curator of any Pupil, Minor, Idiot or furious perfon, to be named or defigned jn any time coming, or who is not actually ftated and entered in the faid office , mall have power or autho- rity to exercife the faid Office of Tutor or Curator, or to meddle with the Writs, Evidents, Means and Eftate of the faids Pupils, Minors, Idiots or furious perfons, untilfirftanlnventarbemadeup, in manner after-fpecified, by the faids Tutors and Curators , with advice and confent of the neareft of kin on the Fathers fide, and the neareft of kin on the Mother fide , who fliall be Majors , and within the Kingdom for the time: Which Inventar mail be fubfcribed by the faids Tutors and Curators, and the faids neareft of kin; and one fubfcribed double thereof keeped by the faids Tutors or Curators, another by the neareft of kin on the Fa- thers fide, and the third by the neareft of kin on the Mothers fide. All which fubfcribed Duplicats fhall be judicially produced before the Judge crdinarof (he place, where the Pupil, Minor, Idiot or furious perfon their chief refidence is, and an Act made upon production thereof, bearing the production of the Inventar, and expreffing the names of the perfons fubfcribers thereof, and in whofe cuftody the fame were left; and xhat the Duplicats be alfb fubfcribed by the Clerk of Court , that they may not be altered thereafter. And in cafe the neareft of kin on both fides will not concur in making up the Inventar in manner forefaid , the faids Tutors and Curators fliall raife fummonds at their inftance, before the faids Judges ordinar reftecTive , for jummonding the neareft of kin that are majors , and within the Countrey , upon either fide , for decerning them to concur in making up of the faid Inventar in manner forefaid: And in cafe they compear not, or do not concur as faid is, With certification, the faid Inventar fhall be made up by the faid Tutor or Curator , with advice and confent of the Judge ordinar, or any whom he fliall delegate or appoint , who fhall fubfcribe three dDuplicatsofthefaid Inventar with the faids Tutors or Curators, whereupon a Judicial Aft fliall be made, -and the Duplicats fubfcribed by the Clerk, in the fame manner as if the neareft of kin had concurred; and a •Duplieat thereof fliall be keeped by the faids Tutors and Curators , and the other two Duplicats fhall remain In the Clerks hands, to be delivered to the neareft of kin on the Father and Mothers fide, being clofed up ■and fealed by the faids Tutors or Curators, and the perfon delegate for making the faid Inventar as faid is. "Which Inventar fliall contain the names and defignations of the Lands belonging to the Pupils, Minors and ethers forefaids, and the Bands, Counts and Tickets due to them , and fums therein contained , and their •Moveables » afwell Heirfliip-Moveable as other Moveables: And in cafe that thereafter any other Lands, JJsbts, fums of money or other Goods and Gear whatfoever belonging, or that may happen to belong .to the faids Pupils , Minors, Idiots, or furious perfons , fliall come to the knowledge of the faids Tutors or Curators , fo that they may attain to die poffeilion thereof; 1 n that cafe , and within the fpace of two Mon- «ths after they attain to the pofleflion of the famine, They fballeeke the fame to the forefaid Inventar, and make a judicial Ad thereupon in the hands of the Clerk ot Court where the principal Inventar was made , and •fliall leave two Duplicats of the faid Eek or Eeks , one or moe , fealed as faid is , in the hands of the faid Clerk, for the ufe of the neareft of kin as faid is. And it is hereby further Declared, that the Debitors of the Pupils, -Minors, Idiots or furious perfons, fliall not be obliged to make payment to the Tutors or Curators of the fcids perfons, ofanyfumsduebythem, unlefle the faid Tutor or Curator fhow to the faids Debitors, that 1 the Sums or Goods demanded from them, are contained in the faids Inventars or Eeks fubfcribed by the faids
 * n«areftofkin, or by the Clerk of Court in maner rejpec~live forefaid. And it is hereby further Declared,

i that if the faids Tutors or Curators fliall tailzie in making up the faids Inventars and Eeks in manner above- written, They fliall be lyable both for intromiifion and Omiffion , and fliall have no allowance or defalcation of the charges and expenfes wared out by them in the affairs of the faids Pupils, Minors , Idiots or furious perfons: and fliall be removable from their Office as fufpett Tutors and Curators, if they fail in making up ! the Eeks from time to time in manner forefaid. It is alwayes hereby Declared, that this Acl: fliall not pre- iidge Pupils, Minors and other perfons aforefaid, to charge their Tutors or Curators with what it can be made appear they have intrometted, or might have intrometted with, over and above what is contained in the Inventar. And further His Majefty, with advice and confentforefaid, Statutes and Ordains, That all