Page:The Laws and Acts of Parliament of Scotland.djvu/758

184 The Third 'Parliament of the Lords of His Majefties Privy Council, Seffion, and Exchequer , and the Commiffioners of Jufticiary , to grant Protections to fuch as are cited , charged, or required by Law to compear before them, forfuch few dayes , as they may come and give their appearance , and during their neceflary ftay , and fome few dayes for their return , not exceeding a Moneth in ail : The parties who require witnefles to be cited , or their Tu- tours and Curatours , ifthefaids parties be Minors, giving their Oaths of credulity, or fubfcribing a certi- ficat under their hand upon Oath , that thefe who are cited by them to be Witnefles , are material Witnefles , which Protections fliall bear the caufe for which they are granted. AND LASTLY, It is hereby D E- C L A R E D , that it fhall not only be Lawful to put the Laws in Execution, notwithftanding of Protections and Licences, granted contrary to this and former Laws, but that if any Meflenger , orMagiftrat refufe to concur, they fliall be lyable in payment of the debt; And that the Lyon fhall be likewife lyable , if he refufe to deprive the Meflenger who refufes to execute the Law, upon pretence of any fuch Protection, Licence, or Superfedere. X. iyi C T Concerning Wives Terces. September. 6. 1681. OUR SOVERAIGNE LORD Confidering that fometimes through the ignorance , and inad^ vertencie of fome Writers and Nottars , Claufes are infert in contracts of Marriage , containing provifi- ons by Husbands in favours of their Wives , without mentioning the terce that is due to her by Law , or ex- prefling the provifion to be granted in fatisfaction of the terce ; whereby occafion is given to Relicts to claime ; a terce out of their Husbands eftates by and attour the provifion conceived in their favours , contrary to the meaning and intention of the parties contracted. FOR HEMEED whereof, the Kings Majefty , with advice and confent of the Eftates of Parliament , STATUTES and ORDAINS, That in time coming where there fhall be a particular provifion , granted by an Husband in favours of his Wife , either in a contract of Marriage , or fome other writ , before or after the marriage ; That the Wife fliall be thereby fecliided from a terce out of any lands or annual-rents belonging to her Husband , unlefs it be exprefly provided in the con- tract of Marriage, or other Writ containing the faid provifion, that the Wife fliall have right to a terce, by and attour the particular provifion , conceived in her favours : But prejudice alwaies to the Lords of Seffion , to determine as to Contracts of Marriage, or provifions already made, according to the former Law and Cuftom. XI. ACT Concerning the Regifiration of Seifings , and 'Reverfions of 'Tenements within Burgh. September. 6. 1681. OUR SOVERAIGNE LORD, Confidering the great fecurity that this Kingdom enjoyes by the publick Regifter of Seifings , and Reverfions , conform to the fixteenth Act of the zz. Parliament of King James the Sixth , holdeninAnno 161 7. And that there is fully the like reafon and benefite , that the forefaid Statute fhould extend to the whole Kingdom, as well to Burgh , as Landward. THEREFORE His Majefty , with confent of his Eftates of Parliament , STATUTES and ORDAINS, That in time coming , alljnftruments of Seifing of Tenements within Burgh Royal , or Liberties , or freedoms there- of holding in Burgage, and all Reverfions , Regrefles, Bands, or Writs, for making Reverfions , or Re- grefles , Aflignations thereto , difcharges thereof, Renounciations of Woodfets , and Grants of Redemption of the faids Tenements within Burgh, or the liberties , or freedoms thereof holding Burgage , fhall be infert in the Town Clerks Books of the feveral Burghs refpective, within Threefcore dayes after the date of the fame , excepting reverfions incorporat in the body of the right ; A nd that the Town Clerk fliall keep a feveral book therefore, depending only upon the Magiftrats of the Burgh , without neceility of any warrand from the Clerk of Regifter , and minut Books of the fame , to be quarterly compared and figned , bytheProveft and Bailies of the feveral Burghs. IT IS ALWAIES DECLARED, that it lhall not be neceflary , to infert any Bands , or Writs , for making of reverfions , unlefs Seifings pafs in favours of the parties makers of the faids Bands, and Writs: IN THE WHICH CASE, It is ordained that the fame fhall be in- fert within fixty dayes after the date of the Seifing, the extract out of the which Regifter fhall make faith in all cafes , except where the Writs fo infert are offered , to be improven : And if it fhall happen any of the faids Writs which are appointed to be infert astfaid is , not to be duely infert , within the faid fpace of Sixty dayes : THEN and in that cafe , His Majefty , with advice and confent forefaid , D E C E R N S the fame to make no faith in Judgment, be way of action , or exception, in prejudice of a Third partie , who hath acquired a perfect «fe c