Atf 6%. King CHARLES/fell. i 6 6 1. 63 nghttothefame upon and by vertue of their Bonds , Contracts and Rights , and of this prefenc Aft and ■Ordinance, in the famemanner as if a new Security were already granted in manner and of the tenour (above-written. And notwithftanding of the Premiffes , It is hereby Declared , thatthe Lords of Seffion fhall have power H | ra f r and P afre Sufpenfionsior Sums not exceeding one thoufand pounds , upon fuch reafons as they fhall thinK jult. r J And where thofewho have right to by-gone Annualrents are only Liferenters , and have no rieht to the flock and principal Sum , It is Ordained , that it mall be lawful to them to ufe execution for the whoV bv-eone Annualrents due to them, as they might have done before the making of thefe Prefents; and that "the faids Lords of Seffion mall have power to grant and pafTe Sufpenfions againft the faids Liferenters, in cafe they fhall find julfc grounds and caufe for granting of the fame. J It is hkewayes Provided, chat the benefit of thefaid forbearance, fhallonly begtanted and competent to fuch Debitors, as fhall pay the faid years Aunualrent, within the time forefaid , and mail betwixt and the hrft day of November, compear before any of the Lords of Seffion with the Clerk , and declare before them upon Oath , that their Debts exceeds the value of Four years Rent of their Eftate , pertaining to and |ofleft by them: which Declaration , extracted under the hand of the Clerk of Reaifter, or his Deputes ihall be a iufhcient Security againft Perfonal execution : And for which Extract , the Clerk Reeifter and his Deputies Ilia 1 have for their Fees the fum of thirty three fallings four pennies Scots , and no more. And itisDecared that all perfons , who iliall not by themfelves , or their Tutors or Curators, appear and de- clare within the time , and in manner forefaid , lhall be excluded from the benefit of the forefaid forbearance and ihall never be reponed or admitted thereafter , upon any pretext whatfoever. And the benefit of the forefaid Forbearance being granted to the Debitors, or any of their Cautioners upon the compearance and declaration forefaid, fhall only be perfonal for them and their Heirs and others reprefentingthem, and fhall not be extended to thole who are bound with them, and lyabie to the faids Debts, unlefs they alfo compear and declare , that their own proper Debts and Cautionry for perfons who have taken the benefit of this Aft , exceeds the value of Four years Rent of their Eftate , and that within die time and in manner forefaid. And for the more eafe of the Debitors , It is Ordained, that in-cafe within the time of the For- bearance forefaid , the Debitor ihall offer to the Creditor a part of his Debt, not being beneath or with- in the third part of the whole Sums due by them to the Creditor for the time, the Creditor in that cafe ihall be holden to accept of the faid partial payment: and in-cafe of his refufal, offer bein* made of a part of the faids Sums, not within the proportion forefaid, in prefence of a Nottar and WitndTes, the Debitor, upon confignation of the fame in the hands of the Clerk of the Bils; ihall be free or the An- nualrent of that part of the faid Sum that fhall be configned, in all time coming after the conflation forefaid. & And whereas die legal reverfion ofComprifings was formerly limited to feven years, His Majefty, for the reafons and with confent forefaid, is gracioufly pleafed to extend the fame to ten years in all time com- ming; and Statures and Ordains, that ail Comprifings already deduced , and whereof the le^al reverfion is not yet expired, or which fhall be deduced any time hereafter , ihall be redeemable within rhe fpace of tenyeares after the date of the fame; and all comprifings deduced fince January, one thoufand, fix hun- dred , and fifty two years , and whereof the legals are expired , and all comprifings deduced before the faid Moneth of January , one thoufand , fix hundred, and fifty two years , and which we're not expired before the faid Moneth of January, one thoufand, fix hundred, and fifty two years , iliall be redeemable within the fpace of three years, after Whitfunday now lafl by paft , notwithftanding the legal reverfions of the fame be now expired. And in cafe the Lands and others comprifed , exceed in yearly Rent and value, the Annualrent of the Sums contained in the faids Comprifings , and of the expence disburfed in obtaining Intcftments thereupon , and the Debitor fhall defire the Creditor to pofiefs the Lands and others compn ed, it ihall be lawful to rhe Lords of Seffion , like-as the faids Lords are hereby impowere 1 and authorized , upon a Supplication to be made to them by the Debitor , and citation of the comprifers , to appoint the Apprifers to poffefs fuch of the faids Lands and others , during the legal reverfi- on, as the faids Lords of Seffion fhall think jufl and reafonable; the faids Debitors alwayes giving pof- feffion to thofe who have right to the faids Comprifings , and ratifying their poffeffion already appre- hended by them (if any fuch poffeffion thc-y have) of fuch of the faids Lands and others , as the faids Lords of the Seffion appoint , not being beneath in 3^early Rent and value of the Annualrents above-mentioned; or otherwayes giving to the Creditors (whether they have poffeffion or not) fufficientfecurity , at the fight of the faids Lords , for payment of the faids Annualrents , during the time forefaid ; the 1 aids Lords of Seffion having alwayes power to determine , whether in the cafes forefaids the Debitor iliall give furety to the Creditor , for his Annualrents , or the Debitor not being able to give furety , the Creditor {hall be oblieged to take poffeffion of the Debitors Lands. And if the Lords of Seffion fhall appoint , in the cafe fore- faid, the Creditor to be pofTeft for his Annual-rent, then and in that cafe, the Debitor ihall be holden to deliver the Evidents of the faids Lands to the Creditor , or tranfampts thereof; providing alwayes * thatthe Creditors right , by vertue of the faids Comprifings, be nowayes prejudged after the expiring of the fame; And
Page:The Laws and Acts of Parliament of Scotland.djvu/633
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