Page:The Laws and Acts of Parliament of Scotland.djvu/758

 184 The Third 'Parliament of the Lords of His Majefties Privy Council, Seffion, and Exchequer, and the Commiffioners of Jufticiary , to grant Protections to fuch as are cited, charged, or required by Law to compear before them, forfuch few dayes, as they may come and give their appearance , and during their neceflary ftay , and fome few dayes for their return, not exceeding a Moneth in ail : The parties who require witnefles to be cited , or their Tu- tours and Curatours, ifthefaids parties be Minors, giving their Oaths of credulity, or fubfcribing a certi- ficat under their hand upon Oath, that thefe who are cited by them to be Witnefles , are material Witnefles , which Protections fliall bear the caufe for which they are granted. AND LASTLY, It is hereby D E- C L A R E D, that it fhall not only be Lawful to put the Laws in Execution, notwithftanding of Protections and Licences, granted contrary to this and former Laws, but that if any Meflenger, orMagiftrat refufe to concur, they fliall be lyable in payment of the debt; And that the Lyon fhall be likewife lyable , if he refufe to deprive the Meflenger who refufes to execute the Law, upon pretence of any fuch Protection, Licence, or Superfedere. X. iyi C T Concerning Wives Terces. September. 6. 1681. OUR SOVERAIGNE LORD Confidering that fometimes through the ignorance, and inad^ vertencie of fome Writers and Nottars, Claufes are infert in contracts of Marriage , containing provifi- ons by Husbands in favours of their Wives, without mentioning the terce that is due to her by Law , or ex- prefling the provifion to be granted in fatisfaction of the terce ; whereby occafion is given to Relicts to claime ; a terce out of their Husbands eftates by and attour the provifion conceived in their favours, contrary to the meaning and intention of the parties contracted. FOR HEMEED whereof, the Kings Majefty, with advice and confent of the Eftates of Parliament, STATUTES and ORDAINS, That in time coming where there fhall be a particular provifion, granted by an Husband in favours of his Wife , either in a contract of Marriage, or fome other writ , before or after the marriage ; That the Wife fliall be thereby fecliided from a terce out of any lands or annual-rents belonging to her Husband, unlefs it be exprefly provided in the con- tract of Marriage, or other Writ containing the faid provifion, that the Wife fliall have right to a terce, by and attour the particular provifion, conceived in her favours : But prejudice alwaies to the Lords of Seffion , to determine as to Contracts of Marriage, or provifions already made, according to the former Law and Cuftom. XI. ACT Concerning the Regifiration of Seifings, and 'Reverfions of 'Tenements within Burgh. September. 6. 1681. OUR SOVERAIGNE LORD, Confidering the great fecurity that this Kingdom enjoyes by the publick Regifter of Seifings, and Reverfions , conform to the fixteenth Act of the zz. Parliament of King James the Sixth, holdeninAnno 161 7. And that there is fully the like reafon and benefite, that the forefaid Statute fhould extend to the whole Kingdom, as well to Burgh, as Landward. THEREFORE His Majefty, with confent of his Eftates of Parliament , STATUTES and ORDAINS, That in time coming , alljnftruments of Seifing of Tenements within Burgh Royal , or Liberties , or freedoms there- of holding in Burgage, and all Reverfions, Regrefles, Bands, or Writs, for making Reverfions , or Re- grefles, Aflignations thereto , difcharges thereof, Renounciations of Woodfets , and Grants of Redemption of the faids Tenements within Burgh, or the liberties , or freedoms thereof holding Burgage , fhall be infert in the Town Clerks Books of the feveral Burghs refpective, within Threefcore dayes after the date of the fame, excepting reverfions incorporat in the body of the right ; A nd that the Town Clerk fliall keep a feveral book therefore, depending only upon the Magiftrats of the Burgh, without neceility of any warrand from the Clerk of Regifter, and minut Books of the fame , to be quarterly compared and figned , bytheProveft and Bailies of the feveral Burghs. IT IS ALWAIES DECLARED, that it lhall not be neceflary , to infert any Bands, or Writs , for making of reverfions , unlefs Seifings pafs in favours of the parties makers of the faids Bands, and Writs: IN THE WHICH CASE, It is ordained that the fame fhall be in- fert within fixty dayes after the date of the Seifing, the extract out of the which Regifter fhall make faith in all cafes, except where the Writs fo infert are offered , to be improven : And if it fhall happen any of the faids Writs which are appointed to be infert astfaid is, not to be duely infert , within the faid fpace of Sixty dayes : THEN and in that cafe, His Majefty , with advice and confent forefaid , D E C E R N S the fame to make no faith in Judgment, be way of action, or exception, in prejudice of a Third partie , who hath acquired a perfect «fe c