Page:The Laws and Acts of Parliament of Scotland.djvu/700

12,6 The fecond Parliament of XVII. kA C T anent inclojing of Ground. December 13. 1669. WHereasbythefourtyoneActofthefirftSeffionof His Majefties firft Parliament, entituled, t_sicf for planting and inclojing of Ground , It is provided , that where Inclofers fall to be upon the borders of any mans Inheritance, the next adjacent Heretor mall be at equal pains and charges in building , ditching and planting that Dike which divides their Inheritance. And the Eftates of Parliament confidering the incon- veniency and difficulty the execution of that part of the faid Act may meet with , in Lands marching together where the Marches are crooked and unequal, or where any part of the bordering Ground is unfit or uncapable of bearing a Dike or receiving a Ditch , or hinders the compleating of the Inclolure in ane equal line. For re- meid whereof, HisMajefty, with advice and confent of the faid Eftates doth Statute and Ordain, That whenfoever any perfon intends to inclofe by a Dike or Ditch upon the March betwixt his Lands & the Lands belonging to other Heretors contiguous thereunto • it fhall be leifom to him to require the next Sheriffs or Bai- liffs of Regalities , Stewarts of Stewartries , Juftiees of Peace or other Judges Ordinar , to vifit die March- es alongft which the faid Dike or Ditch is to be drawn, who are hereby authorized , when the faid Marches are uneven or otherwayes uncapable of Ditch or Dike , to adjudge fuch parts of the one or the other Heretors Ground, as occafion the inconveniency betwixt them; from the one Heretor in favours of the other , foas maybe leaffc to the prejudice of either party, and the Dike or Ditch to be made , to be in all time thereafter the common March betwixt them ; and the parties fo adjudged reJpeEiive from the one to the other , being eftimat to thejuft avail and compenfed/>r0 tanto, to decern what remains uncompenfed of the price, to the party to whom the fame is wanting : And it is hereby Declared , that the parts thus adjudged hinc inde , fhall remain and abide with the Lands or Tennandries to which they are rejftecJive adjudged,as parts ^nd pendicles thereof in all time coming. XVIII. ACT anent. adjudications. December %$. 1669. OUR SOVERAIGN LORD taking to confideration , that by feverall Acts of Parliament and conftant Practick of the Kingdom, there is one years Rent of all Lands, Annual-rents or others apprifed, due and payable to the Superior ofthefaids Lands and others, before he be holden to enter and inieft the Comprifer ; and that there is the fame reafon in cafes of Adjudications as Apprifings. Therefore his Majefly, with advice and confent of the Eftates of Parliament, Statutes, Ordains and Declares, that the Superiors of Lands, Annual-rents and others adjudged, fhall not be holden to grant any Charter for Infefting the Ad- judger , till fuch time as he be payed and fatisfied of the years Rent of the Lands and others adjudged , in the fame manner as in Comprifings ; And Declares, that in all cafes, Adjudications fhall be in the like conditf- on with Comprifings , as to Superiors. XIX. ACT concerning the Confirmation dndGhtotsofTeJiaments December ^3. 1669. OUr Soveraign Lord, with advice and confent of the Eftates of Parliament, Statutes and Ordains, That it fhall be lawful to Executors , at the confirmation of the defuncts Teftament , to give up the debts owing be the Defunct , and that the Quot be only payed for the free Geer( the Debts being alwayes inftructed) With power to thefaids Executors, for instructing of the faids Debts before the Commiflarthe time of confirmation, to cite the Creditors for production of the Bonds and Inftructions of their faids Debts; and if the faids Creditors fhall not produce the fame, and yet fhall happen thereafter tofeek payment from the Executors, that then and in that cafe, the Creditors fhall be obliged to relieve the Executors of a propor- tion of the Quot payed by them , effeiring to the faid Debt, or otherwayes to allow the fame to them; And preventing of all fraud, both the Executors and the Creditors fhall beholden to make faith, if requir- ed, anent the truth and reality of the faids Debts, that they were truly refting unfatisfied the time of the defuncts deceafe. And likewayes, Statutes and Ordains , That in all time comming, Executors Credi- tors be free of paying of Quot, info far as they confirm only for Debts refting to them be the Defunct the