Page:The Laws and Acts of Parliament of Scotland.djvu/454

43 2 KING JAMES THE S E X T the faids Reverfions be incorporate within the body of the infeftments, ufed and produced by the poileflbur of the faids lands , for his tide of the fame, or regiflrated in the Clerk of Regifler his Books: in the which cafe feeing all fufpition of falfehood ceafes moll juftiy , the adlions upon the faids Reverfions , ingrofled and Regiflrated , ought to be perpetual : excepting always from this prefent Adl , all actions of warrandize, which ihall not prefcribe , from the date of the Band , orlnfeftment, whereupon the warrandize is fought : but only from the date of the diflrefie, which fhall prefcribe , it not being purfued within fourty years , as faid is. And fiklike it is declared , that in the courfe of the faids fourty years prefcription , the years of minority, andlefieage, ihall no wayes be counted , but only the years during the which the parties againft whom the prefcription is ufed and objected were majors , and pad xxj. yeares of age. And his Majefty , being careful , that no perfon , who hath any jull claime , bee prejudged of their actions , by the prefcription of fourty yeares, already run and expired , before the date of this prefent Acl : Hath with advife forefaid , granted full li- berty and power to them , to intent their faids adlions , within the fpace of thirteen years , next following the date hereof: which fhall be als efFcclual, as if the fame had been intented within the faid fpace of fourty years, prefcribed by this prefent Adl. After the expiring of the which thirteen yeares, this prefent Adl fhall have full force and effecl, after the tennour thereof in all points. And neverthelefle it is declared , that the per- fons, at whofeinflance the forefaids adlions fhall be moved, and intented within the faid fpace of thirteen yeares , fhall not be compelled to infill in the faids adlions , at the defire of their parties , upon the firfl funv monds and citation thereof only , except that the faids fi rfl fummonds be called and continued , and the de- fenders of new fummond thereby : in the which cafe , and no otherwayes, it is declared, that they may be compelled to infill at the inflance of the party , having entrefle. ACT XIII. Anent reduction of Retours , and fummonds of Err our. FO R-afmuch as by Acl; of Parliament , made by his Majeflies moll Noble Progenitour , King JAMES the fourth, of worthy memory, upon the 13. day of June, 1494. itwasflatute and ordained , that all fummonds of Errour , or inordinate procefie, be purfued within the fpace of three yeares, after the de- termination of the inqueifl, or fervice: the party being of lawful age , and within the Realme , otherwife to prefcribe , as in the faid Acl: and Statute at more length is contained. And becaufe the true meaning and in- tention of the faid Adl, was, That OUR Soveraigne LORDS Lieges, being upon the faid inqueift) and fervice, fliould not lye under the paine and danger of Errour, after the fpace of three yeares , and no wayes to hurt or prejudge the righteous heire , and nearefl of kin , who by the Law of God and man , was > to fucceed indie right of blood and fucceflion to their Predeceflburs , and to their lands and heritages , Jure Jangulnis. Therefore OUR faid Soveraigne LORD, with advice and confent of the Eflates forefaids, Statutes and Ordains , That the faid Acl of Parliament Ihall no wayes hurt nor prejudge the nearefl of kin to feek reduclion of the faids Retours , and fervice , to be pafl and exped in time comming , and that within the fpace of twenty years, immediatly following the date of the faids Retours and fervices: and if the faids fummonds of Reduclion, be not intented , executed, and purfued, before the expiring of the faids twenty yeares, that the faid adlion of Reduction of the faid Retour and fervice, fhall prefcrive in the felfe, and no party to be heard thereafter topurfue the fame Reduction : And als declares, that hereafter it fhall no wayes be lawful to purfue the perfons of inqueifl for wilful Errour , except they be purfued therefore within the fpace of three yeares next after the date of the faid Retour and fervice : It is alwayes declared, that thefe prefents fhall no wayes be prejudicial to whatfoever perfons , who have acquired Rights of lands and heritages before the date hereof , bona fide, from perfons already retoured thereto in any time by-gone : but the faids perfons , who have bona fide , acquired, to brook their Rights , according to the law then Handing. ACT XIV. Anent Executors. e OUR SOVERAIGNE LORD underilanding that a great number of ignorant people, the time' I of their ficknefie and difeafe , or otherwife at the making of their Teflaments and latter wills , do nominate certain flrangers to be their Executors , meaning only to commit the care of their goods , and diligent in-get- ting thereof, to the faids flrangers , and that to the behoof of their children, or other perfons who are nearefl of kin: Whereas by the contrary , the faid Office of Execu try, by the interpretation now obferved , doth carry with it the whole profit and commoditie of the defuncts part of the goods contained in Teflament : which his Majefly findes to be altogether againfl law, confeience and equity : Therefore his Majefty with advice and confent of the Eftates of Parliament , finds and declares , that all Executours , already nominate in any Teflament , not as yet confirmed, or to be nominate in any Teflament to be made hereafter, are, and ihall be obliged, to make count, reckoning, and payment of the whole goods and geare appertaining to the defuncl , and intrometted with by them , to the wife , children and nearefl of kin , according to the di- vifion