Page:The Laws and Acts of Parliament of Scotland.djvu/739

 - King CHARLES^II, 5 as the fame fhall be decerned by the faids Lords, fuch a part of the Debitors Eftate, confiding in Lands and other Rights which were in ufe to be apprifed, as fhall be worth the fum principal and Annual-rent then reft- and to the Creditor, and a fift part more , in refpect the Creditor wants the ufe of his money , and is neceffirat to rake Land for the fame, befides and attour the compofition to the Superior, and expences of the Infef tment; Which Adjudication fhall be made, according to the feveral rates of the Lands and other Rights in the places where the fame do ly ; And for that'effect, Probation fhall be taken by the faids Lords for the part of the Cre- ditor, and likewife for the part of the Debitor (if he mall defire the fame) concerning the yearly Rent and value of the faids Lands and Rights, and what they have payed for five years by-gone, and what the fame may pay, and the rates and prices at which fuch Lands and Rights are ufually fold in thefe places of the Kingdom where they ly ; With Power to the faids Lords to determine what warrandice the Debitor mail be lyable in to the Creditor, of the Lands and Rights fo adjudged as they fhall rind juft: Upon which Decreet of Adjudicati- on, it fhall be lawful to the Creditor immediatly to enter to the poffeffion of the Lands or other Rights adjudg- ed to him, and to intromet with the Mails and Duties thereof, in fatisfaclion of his Annual-rent during the not redemption, without being lyable to any reftriclion or action of Count and Reckoning. And in cafe there be adjudged Lands affected with Life rents, or any Cafuality or other Right not yeilding Rent during the running of the Legal after-fpecifled, the fame fhall be expreft in the faid Decreet, together with that part of the fum effeirand thereto ; That in cafe of redemption, the Creditor may have his Annual-rent for that part of his fum, for which he had no profit in manner forefaid: Which Lands and other Rights adjudged as faid is, fhall remain heretablyand irredeemably with the Creditor, in cafe they be not redeemed within the fpaceofflve years after the Decreet of Adjudication, bypayment or confignation of the fums principal and Annual-rent, for which the Adjudication did proceed, the Compofition payed to the Superior, and ex- feffion in manner forefaid : And the Creditor being once in peaceable poffeffion of the faids Lands or Rights , conform to the Decreet of Adjudication, it fhali not be lawful for him to ufe any further execution againft his Debitor,except in the cafe of eviction upon the warrandice to be decerned by the faids Lords; But it fhall be lei- fum to the Creditor, to ufe all manner of execution againft his Debitor Principal or Cautioner , by Horning , Caption, Arreaftment or otherwife, untill he enter to the actual poffeffion of the Lands to be Adjudged in manner forefaid. And it is hereby Statute and Ordained, that no Comprifings fhall be led in time coming , of any Lands or other Rights, which are not already comprifed ; But prejudice alwayes of any apprifings led before the date of this Act, or to be deduced of Lands or other Rights already apprifed , whereof the Legal is not expired, which are to have courfe conforme to the Laws and Acts formerly made thereanent -. It is alwayes hereby Provided and Declared, that in cafe the Debitor fhall abftract the Writs and Evidents of the Lands and other Rights to be adjudged, and fhall not produce a fufficient Right thereof, and deliver the fame , or Tranfumpts thereof to the Creditor as the Lords fhall Judge neceflary ; and in cafe he fhall not renounce the pofleffion of the Lands and other Rights to be adjudged, and ratifle the Decreet of Adjudication , to the effect the Creditor may enter thereto fummarly, without any impediment, fo that the Creditor may have a clear right and quiet pofleffion: Then and in that cafe, it fhall be leifom to the Creditor to adjudge all or iany Right belonging to his Debitorjn the fame manner as he might have apprifed the fame, conform to the Act of Parliament, 1661. anent the payment of Debts betwixts Debitor and Creditor, in all points, under the Reverfion, and, with the power competent to other Creditors expreft in the faid Act. And it is hereby De- clared, that neither the Superior, nor the Adjudger fhall be prejudged by this Act, but that they fhall be in the fame cafe after citation in this Procefs of Adjudication , as if Apprifing were led of the Lands at that time , and a Charge given to the Superior thereupon : Whilk Decreets of Adjudication above-mentioned fhall be al- lowed by the Lords of ieffion, as Apprifings now are ; And the allowance fhall be regiftrat in the fame man- ner, and under the fame certification, with the allowances of Comprifings; To the effect, the fame maybe I known, and that Creditors may not be difappointcd by Adjudging Lands already adjudged to others. XX. AQT for im^loyingVacandStif ends for theljniverfities. Edinburgh, 10. of September, 167Z. T He Kings Majefty, confidering the prefent condition of feveral Univerfities and Colledges within this Kingdom, and the mean and incompetent provifionoftheMafters and Profeffbrs thereof; and being defirous to give all due encouragment to thefe Seminaries, that thereby able and fit perfons may be invited to accept of Functions within the fame; Doth therefore , with advice & confent of his Eftates of Parliament, Sta- tute & Ordain, that the Stipends and Benefices of Kirks that fhall happen to Vaik for the fpace of feven years, This prefent year, one thoufand, fix hundred, and feventy two, being the firft of the feven, andfo fotth to continue until the expiring of the feven years, fhall be imployed for the ufe of the Univerfities X 3 and
 * pences in obtaining Infeftment and Annual-rent of the fame, in fo far as is not latisfled by the Creditors pof-