Page:The Laws and Acts of Parliament of Scotland.djvu/763

 King CHARLES the I I, x v i i. ACT Concerning the Sale of Bankrupts Lands. September, 14. 1681. D U A S P V, E L AI J GNE L ° RD v5°nfidcrihfc chat when the Mates and Lands of Bankrupts are Waffled with Adjudications, Comprffings, and other real Rights, exceeding their value Icoftimes fals out that the Creditors do not agree to fell the Lands,whereby fuch as have fmall funis upon fuch fecurities cannot command any part thereof, and fuch Eftates do oftimes become ineffectual to many Credirors' THEREFORE, His Majefty, with confent of His Eftates of Parliament, DOTH authorize and im " power the Lords of the Seffion ( upon a Procef. at the inftance of any Creditor having a real RiohO To co<r nofce, and try the value oi fuch Eftates, where the Heretoris nctorioufly Bankrupt, and the" Creditors fn pofleflion of the Eftate, and to value the fame according to the true worth thereof, in its Rents Ca ualities Rights , and Holdings , according to the ufe and cuftom of the Country where the Lands ly And to com ' miifionatperfons to fell thefe lands, andEftate, or any part thereof, at the faids rates , or more as can be had for the fame, with confent of the debitor, where there is a legal reverfion competent to him ' and with- out his confent where there is no legal : And ordains the faid fale to" be by a publick Roup , not being under the rate, and price, appointed by the Lords of Seffion ; and that the Roup be made after publick intimation at the Mercat-crofs of the head Burgh of the Shire where the Lands lye , and at the head Burgh of the Bailiarv Stewartiy, or Regality , if they ly within the fame , a.id at die Paroch Kirk where the Lands ly and at fix other adjacent Paroch Kirks, (to be named by the Lords of Seffion ) at the diffolving of the Congregation on a Sunday after the forenoon's Sermon, by letters of intimation under the Signet , upon the Lords delive' ranee : Which letters fhail fpecially exprefs the time, and place of the Roup ; And the Creditours having real rights anj in poffeffion mall be fpecialiy cited, upon Twenty one day es, and all other perfons concerned Whether Vithin or without the Kingdom, at the Mercat-crofs of the head Burgh of the Shire , Stewartry or Regality, and at the Mercat-crofs of Edinburgh, and Peer and Shoar of Leith upon fixtyda'yes and a copy of the faidintimation lhall be affixed at all the places f orefaids, expreffing the Lands to be Roupe'd the price appointee by the Lords of Seffion, and the time , and place of the Roup. Which alienation fo made and reported o the Lords, and by their warrand regiftrat in the Books of Council and Seffion, HIS MA J E S T Y with confent forefaid , DECLARES, to be as edcctual upon payment of the price as if die fame were nade by the Debitor, and all the Apprilers, Adjudgers, or other Creditors , who are fo cited and have aiy rights afTerting the faids Lands, and that a Signature fhall pafs thereupon in Exchequer , and an warand fonharging the Superior to enter the Purchafer , upon payment of a years rent .DECLARING alwaies tha the price which fhall be gotten for the faids Lands conform to the R oup fhall be diftribut by the Commiffioiers appointed to fell the Lands, or by the Purchafer of the fame, amongftthe Crrditours pro- portionally according to their feveralfums, rights, and diligences, as they are, or fhall be ordered and found pref enble by the faids Lords, whether the faids Creditors have compeared , or not, x v 1 1 i tyiCT ^AJferting His CMajeftie's Prerogative in pint of Jurijdifiion. September 16. 1 681. THE ESTATES of Parliament conn Jering that all Government, and Jurifdiftion within this His Majelties Ancient Kingdom of Scotland, does orginally refide in his Sacred Majefty, his lawful Heirs, andSucceftours: And though His Majefty, and his Royal Predeceflburs, have be flowed Offices andjunfdittions, upon feveral of his well defervingfubjecls, yet thefe are not privative of his Jurjfdiftion They doe therefore, in a dutiful, and humble Recognizance of His Majefties Royal Right, and Preroga- tive as to this pout DE C L A R E, thatnotwichftandingofthefejurifdiftions, andOffices, His Sacred Majefty may by lumfelf, or any commiffionated by him, take Cognizance , and Decifion, of any cafes- or caufes, he pleafes. J XIX. ACT Concerning the Oaths of Minors, September x6. 1 68 r. URSOVERAIGNE LORD, and Eftates of Parliament, taking to their feribus confederation, O the great abufes which may be committed againfl Minors, within twenty one years of Age compieat,' A a 3 by