Page:The Laws and Acts of Parliament of Scotland.djvu/528

, Q4 ": 'THE FIRST "PARLIAMENT LI — ^ — — 1: nitionvacand, or which (halt happen to vake in the fuperiours hands , in-cafe of alienation of the fame either of the whole , or of the moil part thereof, according to the courfe of the common Law , without con- fent of their fuperiours, hut prejudice to their faid fuperiors refpeflive, and their SuccefTors, of the benefit of the faid Act of Parliament , 1606: whereby all fuch infeftments and grants without confent, as faid is, are declared to be null by way of action , exception , or reply. Which ciaufe fliall (land in favour of his Ma- jeftie , and in favour of the Prince , and their Succeffors , and other fuperiors rejpetfive forefaid ; ficklike , and in the fame manner as if the faid ciaufe were infert in this prefent Act , and this Act fhall not be extended to deeds lawfully done in time by-gone , before the date of this prefent Act , but only adfutura. ACT XVII. t^Ahent the Rate and Trice ofTeinds. FOR-SO-MUCH As OUR SOVERAIGNE LORD out ofhis Royal and Fatherly care, tendering the publique good of this his ancient Kingdome , did immediately after his happie attaining to the Crown , publifh and give forth his Royal declaration anent the reforming of the abufes ufed in leading of teinds, wherein his Majeflies umwhile Father , of Eternal and bleffed memorie , laboured fo much in his time , and for provifion and maintenance of Kirks , and other pious ufes forth of the faids teinds : And now his Majeftie being by Gods gracious providence prefent in his Royal Perfon within this his Majefties ancient Kingdome, and holding this his firft Parliament ofhis whole Eftates of the fame, with whom his Majeftie hath advifed and refolved, to put that glorious work anent the Teinds to a full per- fection. THEREFORE, His Majeftie with confent of the three Eftates , by thefe prefents ftatutes,ordaines, and declares, that there fliall be no Teind- fheaves, or other Teinds , Parfonage or Vicarage led and drawn within the Kingdome , but that each heritour and Life-renter of Lands fliall have the leading and drawing of their owneTeind, the fame being firft truely and lawfully valued , and they paying therefore the price after-fpecified, incafetheybe willing to buy the fame : or otherwife paying therefore the rate of Teind afcer-fpecified. Like-as his Majeftie and Eftates find and declare, that the juft and true rate of Teinds, is and fhall be the fifth part of the conftant rent which each land payeth in ftock and teind where the fame are valued joyntly, and where the Teinds are valued apart and feverally , that the juft rate thereof, is and fliall be fuch as the fame is already or fhall be hereafter valued, and proved before the faids Commiffioners or Sub-commiffioners, deducing the fifth part thereof for the eafe of the heritors, referving alwayes liberty to fuch as fliall finde themfelves enormely hurt by the leading of the faids Valuations , to purfuefor recti- fying of- the fame, before the Commiffioners appointed by his Majeftie and Eftates for that effect. Andalfo his Majeftie , with confent of the three Eftates , findes and declares , that the price of all Teinds which may be fold and annalied , confifting either in money , victual, or other bodies of goods , is and fliall be ruled and eftimate according to nine yeares purchafe , the prices of victual and other bodies of goods whereof the Teind confifts , being redacted in money , according to the worth and price of victual and goods in each part of the Countrey , to the which the fame is , and fhall be prized and eftimate by his Majefties Commif- fioners already appointed or to be appointed to that effect. And findes and declares that each Heritor in the Kingdome, being willing to buy his owneTeind from the Titulars, having power to fell the fame, fhall be obliged to buy the Teinds of his own lands , except fo much as fhall be locally affigned to the Minifter , fer- ving the cure of the Kirk, for his maintenance , and to pay the prices forelaid, betwixt and theterme of Martinmafle , in the yeare of God , 1635-. zeares , where the Valuation of the Teinds is made and approved before the date hereof, and where the fame is not yet valued and approved within the fpace of two yeares after the fame be valued and approved by the Commiffioners , to be appointed by his Majeftie and Eftates to that effect; after the expiring of the which time, his Majeftie and Eftates declare that the faids titulars fhall not be compelled to fell the fame , except they doe it of their own good will and confent. . With this de- claration alwayes , that incafe the impediment of not felling, induring the fpace forefaid , flow from the Titular by reafon ofhis minority or other inhabilitie, in that cafe the Heritor who offereth himfelfe ready to bu]- his own Teind within the fpace forefaid , fliall have place fo foone as the impediment is removed , to buy his Teinds , notwithftanding of theexpiring of the yeares and fpace above-expreffed. And it is declared , that If the Heritor be minor , and his Tutors neglect the buying of his Teinds within the fpace forefaid , the minor fliall have action againft his Tutoxspro damno& interejfe , but no action to compel the titular after the ex- piring of the fpace forefaid , for felling of the faids Teinds -. And where the faids Teinds are coft by the Heritors, as faid is, finde that the Heritor fliall be obliged to give to the Life-renter of the faids lands, .' having right thereto by contract of marriage, Life-rent, Infeftment, Conjunct-fee, or Refervation forth of the Intettment of Fee, the leading of the Teinds of their faids Life-rent Lands, for payment of the rate of die Teind of the fame. And ficklike finds that in all cafes where Teinds are not coft, that the Heritors or Life-renters of Lands, who have the leading of their own Teinds by themfelves, their Tennants , and ©diets in their name, fhall be obliged to pay to the Titulars ofTeinds the yearly rate thereof, according to the valuation of the fame made or to be made , and to give fecuritie thereof, according to the order fet down and