Page:The Laws and Acts of Parliament of Scotland.djvu/480

45 8 ' K I N G J A M E S THE 5 E X T rent and profite of the fummes , for the which the landes were comprifed , fo farre as he wanteth , and in- lacketh, by the bene fite ofhisfaidcomprifing. And if the rent of the Land fo comprifed , confiftinviftual, The eftimation and confideration thereof, fiiall be had according to the common prices of victual in thofe Shyres where the comprifed landes lye : according as the fame giveth betuixt Zuile and Candlemefle. A N D the faids ESTATES Declares , That this above-written Statute fhall no-wayes extend , nor be prejudicial to comprifmgs , which are already prefcribed before rhe date of this prefent Aft. ACT. VII. i^Anent ^Adjudications. /UR SOVERAIGNE LORD, AND ESTATES of PARLIAMENT, Confidering -J the great prejudice fuftained by diverfe and fundry Creditours , by deceafe of their Debtors : who being preveened by the diligence of their Concreditoufs •, by obtayning of fentences of Adjudication of their defunct Debtors, Landes, andEftate, inrefpe&oftherefufal of the neareft of Kin, to enter Heires to them, are fecluded from participation of any part of the landes and goods pertaining to their faids defuncl; debtors : they being common debtors to the faids whole Creditors , contrarie to all equitie and reafon. F OR R EM E ED whereof, It is Statute , and Ordained , THAT All Adjudications to be obtained by any perfon at any time hereafter , of any of their defuncl; debtors landes , and Eftate whatfoever , with all rights and Infeftments following there-upon , fhall be redeemable from the partie obtainer of the faids Sentences of Adjudication, their heires and asfignays, at any rime after the pronouncing of the fame , A T the inftance of any Concreditor of the faid defuncl: debtor, or of any Creditor of the faid perfon , who renounceth , To be Heire to his ptedecellbrs , who fhall happen thereafter to obtaine decreet of Adjudication , againft the ap- pearing Heire of the defuncl: debtor: And that within the fpace of feaven yeares , next and immediatley following the obtaining of the faids Sentences of Adjudication , by payment of the fummes of money fpecified in the faids Sentences : Together with the Annuel-rent of the fame fummes , according to ten for each hun-. dreth thereof, during the time of the not-redemption of the fame : and of the expenfes fuftained by them in obtaining of the faids Sentences, to be taxed, and modified, by the Lords of Council and Seffion. By pay- ment of die which fummes , the faid Concreditor fhall come in the place and right of the partie from whom he redeemeth -. And fhall bruik the fame by vertue thereof, perpetually thereafter : Except it fhall happen another Concreditor , who fhall obtaine the like fentence of Adjudication to redeeme the fame from him , within the fpace above-written. In the which cafe , it is declared , That the partie redemeer , in die Second, ihrid , or fourth rowme , and fo foorth , fo long as there are any Concreditors , fhall be oblifhed not only to pay the fummes contained in the adjudication , obtained at the inftance of the partie from whom he redeem?- eth : But alfo the whole fummes , which were payed by him unto the former Concreditors ; for redemption of their Adjudication , with the annuel-rent , and expenfes in manner above-fpecified. I T I S alway es Declared , That if the partie from whom the faids Adjudications mail be redeemed , did up-lift the Fermes, and duetiesofthe lands and others * contained in the Adjudications : That then, and in that cafe , the partie redeemer fhall not be holden to pay any annuel-rentes , or expenfes : but in fo farre asthefameannuel-rents, and expenfes. exceede, and are more, than the Mailes, Fermes, and dueties, intrometted with by the partie from whom the fame is redeemed. A N D if the faids Mailes , Fermes, and Dueties, exceede both the annuel-rent andexpenfes^ IT IS Declared, That the fuper-plus fhall be al- lowed in the principal fumme , by the fight of the Lords of Council; Confideration being had of the pryces of the Fermes , and Victual , as the fame were commonly fold betwixt Zuile and Candlemefle , in die Sher- rifdome where the lands lye. IT IS alway es declared , That thefe prefents ihail no-wayes be extended to Decreetes , and Sentences of Adjudication already recovered. AND ficklike , it is Declared, That in-cafe any Minor, who hath renounced in his Minoritie, be reponed [ in integrum ] againft the fame renounciation : That then , and in thac cafe , he fball have place to redeeme from, the whole Creditours , by payment of the faids whole fummes owing unto them , and where-upon they obtayned Adjudication in manner , and with the provifions above-fpecified. And all the reft of the Priviledges granted to Minors , in Comprifings, to be likewife granted in Adjudicationes; which are here holden as repeated; ACT VIII y&teut the Extracts of Infeftments, pajl upon Comprifings , foorth of theTrivie Seale : where the fame are not regift rated at the Great Seale, pwUR SOVERAIGNE LORD, and E S t A T E S of this prefent Parliament , Understanding v_/ that funeirie His Majefties Lieges , who for great fummes have comprifed their debtors landes , are hea- vilie prejudged , throughthefraudtulabftrac"ting, or deftroying of the Writtes , Infeitments, or Confir- mations of the faids comprifed Landes: the faids Writtes , InieftmentS, and Gonfirmatiens j not being regiftratecj