Page:The Laws and Acts of Parliament of Scotland.djvu/763

King CHARLES the I I, x v i i. ACT Concerning the Sale of Bankrupts Lands. September, 14. 1681. D U A S P V , E L AI J GNE L ° RD v5°nfidcrihfc chat when the Mates and Lands of Bankrupts are Waffled with Adjudications, Comprffings, and other real Rights , exceeding their value Icoftimes fals out that the Creditors do not agree to fell the Lands,whereby fuch as have fmall funis upon fuch fecurities cannot command any part thereof , and fuch Eftates do oftimes become ineffectual to many Credirors' THEREFORE, His Majefty, with confent of His Eftates of Parliament, DOTH authorize and im " power the Lords of the Seffion ( upon a Procef. at the inftance of any Creditor having a real RiohO To co<r nofce, and try the value oi fuch Eftates, where the Heretoris nctorioufly Bankrupt, and the" Creditors fn pofleflion of the Eftate , and to value the fame according to the true worth thereof, in its Rents Ca ualities Rights , and Holdings , according to the ufe and cuftom of the Country where the Lands ly And to com ' miifionatperfons to fell thefe lands, andEftate, or any part thereof, at the faids rates , or more as can be had for the fame, with confent of the debitor, where there is a legal reverfion competent to him ' and with- out his confent where there is no legal : And ordains the faid fale to" be by a publick Roup , not being under the rate, and price, appointed by the Lords of Seffion ; and that the Roup be made after publick intimation at the Mercat-crofs of the head Burgh of the Shire where the Lands lye , and at the head Burgh of the Bailiarv Stewartiy , or Regality , if they ly within the fame , a.id at die Paroch Kirk where the Lands ly and at fix other adjacent Paroch Kirks , (to be named by the Lords of Seffion ) at the diffolving of the Congregation on a Sunday after the forenoon's Sermon , by letters of intimation under the Signet , upon the Lords delive' ranee : Which letters fhail fpecially exprefs the time, and place of the Roup ; And the Creditours having real rights anj in poffeffion mall be fpecialiy cited, upon Twenty one day es, and all other perfons concerned Whether Vithin or without the Kingdom , at the Mercat-crofs of the head Burgh of the Shire , Stewartry or Regality, and at the Mercat-crofs of Edinburgh, and Peer and Shoar of Leith upon fixtyda'yes and a copy of the faidintimation lhall be affixed at all the places f orefaids , expreffing the Lands to be Roupe'd the price appointee by the Lords of Seffion , and the time , and place of the Roup. Which alienation fo made and reported o the Lords, and by their warrand regiftrat in the Books of Council and Seffion , HIS MA J E S T Y with confent forefaid , DECLARES, to be as edcctual upon payment of the price as if die fame were nade by the Debitor, and all the Apprilers , Adjudgers, or other Creditors , who are fo cited and have aiy rights afTerting the faids Lands , and that a Signature fhall pafs thereupon in Exchequer , and an warand fonharging the Superior to enter the Purchafer , upon payment of a years rent .DECLARING alwaies tha the price which fhall be gotten for the faids Lands conform to the R oup fhall be diftribut by the Commiffioiers appointed to fell the Lands, or by the Purchafer of the fame, amongftthe Crrditours pro- portionally according to their feveralfums, rights, and diligences, as they are, or fhall be ordered and found pref enble by the faids Lords , whether the faids Creditors have compeared , or not, x v 1 1 i tyiCT ^AJferting His CMajeftie's Prerogative in pint of Jurijdifiion. September 16. 1 681. THE ESTATES of Parliament conn Jering that all Government, and Jurifdiftion within this His Majelties Ancient Kingdom of Scotland, does orginally refide in his Sacred Majefty, his lawful Heirs, andSucceftours: And though His Majefty, and his Royal Predeceflburs , have be flowed Offices andjunfdittions, upon feveral of his well defervingfubjecls, yet thefe are not privative of his Jurjfdiftion They doe therefore, in a dutiful, and humble Recognizance of His Majefties Royal Right , and Preroga- tive as to this pout DE C L A R E , thatnotwichftandingofthefejurifdiftions, andOffices, His Sacred Majefty may by lumfelf, or any commiffionated by him , take Cognizance , and Decifion, of any cafes- or caufes, he pleafes. J XIX. ACT Concerning the Oaths of Minors, September x6. 1 68 r. URSOVERAIGNE LORD, and Eftates of Parliament, taking to their feribus confederation, O the great abufes which may be committed againfl Minors, within twenty one years of Age compieat,' A a 3 by