Page:The Laws and Acts of Parliament of Scotland.djvu/806

Jfn Abridgement of the Selate to the Actions of removing therein mentioned. Aft difcharging the lordsof Seffion,to grant Advocations from Judges competent,forfums within 200 Merks , or for any caufe whereunto the Inferior Judges is by Law exprcfiie appoint- ed to be judge. Car. 2. par. 1. Self. 3. cap. 9. AIRE and AIRESHIP. The moveable Airfliip of Barrons , is the beftofilki thing, after the Stamt of the Burrow Laws. Jam. 3., pa*. 7.. cap. s4. That Airs who were at the field of Stirling, with Ydr% James the 4th be not pre- judged by their Predeceflbrs, but all Alienations made fenfyne to their hurt , are Declared void. Jam. 4. pat. 1. cap. 6. The Creditor may follow the Aire after a year, becaufe the Executor in that year Ihould be refponfal , and the Aire may put him to compt , and caufe him find caution. Jam. 4 par. s. cap. 76. Airs of perfect age 1 ying out unentred , may be charged on Fourtie dayes, to en- ter to their Lands, year and day being pall, after their Predeceflors death : And on their failzie Cotoprifling may proceed, Redeemable alwayes in feven years. Jam. 5. par. 7. cap. 106. Anil this courfe may be taken againftthem, albeit Mi- nors. Jam 6. par. 23. cap. 6. and afwell for their own , as their Fredeceffors Debts, And the former Aft is thus expreflie extended. Jam. 6. par. 23. cap. 27. That the Creditors of the Defunft , be preferred to the Creditors of the Appear- and Aire, as totheDefunfts Eftate. Frovydingthey doe diligence againlt the Appearand Aire, and real Eftate of the Defunft, within three years after theDe- funfts deceafe : Item that no right, nor difpofition, made by an Appearand Aire , in prejudice of his Predeceflors Creditors, be valid , unlels made a full year after his predeceflors Death. Car. 2. par. 1. SelX 1 ■ cap. 24. An Appearand Aire, or Confident to his behoofe, acquiring right to an ex- jpyred Compriffing led againft his Predeceflbr , the fame is Declared Redeemable within the fpace often years after the acquiring , by any pofterior Comprifier upon payment allanerly of thefumstrulie payed outfor the fame, At leaft what is red- rag thereof, unfatisfied by the Appearand Airs, 01 Confidents intromiflion. Cai. 2. jar. 1. SelT. 1. Cap. 62. ALE, andBEIR. The prices of Ale, and drinking Beir, fliouldbefetby the Lords of Council, according to the rates of the rough Beir, and Barley. Car. 2. par. 2. SelT. 1. cap. 1 j. ALIENATIONS Double. He who gets Lands , or Annual-rents, by fale, or difpofition, where warran- dice may fall, andbruicks thefameyearandday, by labouring , or uplifting the Mails and dewtics , is preferred to the perfon havand privat ftate and failing of the fame of before, and not publickly Infeft. Item, That no man grant fuch double Alienations, or double Affedations , or Aflignations , And that no Over-lord re- teave double refignations wittinglie , under the pain of Infamie , and to be puniih- ed in perfon , andgudes. Jam. 5. par. 7. cap.105. And farder that double difpo- iitionsbenotmade, and the making hereof is Declared , to be Crimen (telliona- ius. Jam. 6. par- 12. cap. 141. Alienations made by Traitors, after the committing of the Crime, are null. Jam. 6. par. 2. cap. 36. ALIENATIONS Fraudfull. Reductions of Alienations in defraud of Creditors, are Friviledged upon Twen- tie one dayes warning , without dyet, table, or continuation : And before the Partie receaver of the Alienation, be admitted to produce and anfwer, he fliould configne in the Clerks hands, afumtobe modified be the Lords, and given to the perfewer, in cafe the Alienation be found to be fraudfull. Jam. 6. par. 7. Cap. 118. All Alienations, Difpofitions, and Aflignations, made by Debitors, of their Lands, Teinds, Reverlions, andGudeswhatfumever, to any Conjunct, or Con- fident perfon , without a true and juft caufe , after the contracting of their Debts , -may be Declared null, at theinftauceof juft Creditors: Andifany third Parrie purcbafe lawfully the faids Lands, or Gudes, from the faid Conjunfts, or Confi- dents , his right fliall (land : Rut the Receaver of the price , fliall be lyable to make the fame furth coming to the faids Creditors. Item the fraud may be proven by writ, oroathoftherartie Receaver of the faid fecurity, that it was without any true, and juft caufe, or that the Lands, andgudes being again fold, the price, ormoft part thereof was , or is to be converted to the Bankrupts ufe; Provyding alwayes , That what of the faids Lands, and Gudes, or price hereof, fliall be leallie applied by the faids interpofed Ferfons , to the Bankrupts lawful Credi- tors, fliall be allowed , they making the reft furth coming. Item if any Dyvour, or his Confident, fliall make any voluutar payment, or right, in defraud of the more timelie lawful diligence of another Creditor , having ufed Inhibition,Horn- ing, Arteftmeot, Comprifling, or other lawfull mean , to affeft the Dyvours Lands, Gudes, or price thereof , TheDyvour, or his Confident, fliall beholden to make the fame furth coming . 10 the more vigilant Creditor , who fliall be pre- ferred to his faid Con-creditor , And have aftion to make him reftore , what was voluntarlie payed , in defraud, as faid is j And all Bankrupts, and their interpofed. Ferfons , for covering their frauds , and all their wilfull Aflifters therein, by Coun- cil, orotherwayes, fliallbe repute Infamous, incapable of honour, or office , ortopafsupon Inquefts, or to be witnefs in Judgement, or out with. Jam. 6. far. 23. cap. 18, St. ANDRE WS , See Univerfity. ANN. The Ann due to the Executors of deceaft Bifhops, and Miniftcrs, is Declared to be halfe a Years Rent , over what is due to the defunft for his Incumbency; To toiY, if he furvive Whitfonday, the half of that Year is due for his incumbencv, and the other halfe for the, Ann , and if he furvive Michaelinefs , the whole Year is due for his incumbency, and the halfofthenixt Year for the Ann: And the Execu- tors need not to confirm the Ann. Car. 2. par. 2. SelT. 3 . cap. 1 3 . ANNEXATION, And ANNEXEDPro- perty , See Diflblution. Annexation of theCuftomes, and Burrow mails, to the Crown. Jam. r. par. r. Cap. 8. All Annexing certain Lordfliips, Lands, and Catties, to the Crown, there- with to remain perpetually , which may not be given away in fee, or franktenne- ment , without Advice and Decreet of the whole Parliament , andforgreat, and feen caufes for the good of the Realme; And any alienation otherwayes made by the King, or his Succellbrs , to be of none avail : But the King for the time may refume the Lands, without Procefs , and make the Poflefiors refound all profits; And that the King , and his Succellbrs fivear at their Coronation, to keep this ftatut. Jam. 2. par. n. cap. 41. AnncxMionofihei..ixiomofofs to the Crown , nottobe annailzied, except diatitmay be given to one of the King's fecond Sons. Jrm.3.par.9 cap.72, And theEarledom of '%ofs . andLordfhipof Ardmannoch, are appointed to be the pre per Patrimony of the King's fecond Son. Jam. 6. par. n. cap. 30. Annexation of the Earldom of March, and other Lands, to the Crown, with the fame claufes , fet down in the Aft. Jam. 2. par. n. cap. 41. Jam. 3. par. 14. Cap.riz. ^fMexarionofLandstoBarronies, and theeffeftofit, fceBarronies. Annexation of certain Landsby Kingjames sth,Koc to be Annailzied, without decreet of Fatliament, forgteat reafonable caufes, fitft advifed by the Eftates, Jam. 5. par- 6. cap. S4. Another Annexation made by him of more Lands, withane exception onlieto fet in few, for augmentation of the rental, conform to the Afts of Diflblution. Jam. j. par. 7. cap. r 15. Annexation of the haill Temporality of the Kirk to the Crown , made the 29. of July, 1587. And to begin fra the term of Miiumefkincliifne, the faid Year; but with a diflblution , that the fame may be fet in few : And the Ecclefiaftick Per- fonsare declared free of warrandice, Except fra their own deeds. And the Aft contains many other conditions, and exceptions, as particularly, itexcepts all Teinds pertaining to any Parfonage, or Vicarage, where theftock, andteind, are not fet together: AllCaftles, Houfes , andManfions, with Diggings, and Yeards thereof, lying within their precinfts, pertaining to Bifhops, and other Prelates, allParfons, and Vicars Manfes, withfonr Aikers of Gleib, appointed for Mini- fters. All Lands , Teinds , and others difponed to Colledges , Schooles , or Hof- pitals, orforfuftentationofMinifters, withinBurgh, together with allLaik Pa- tronages, as alfo without prejudice of all Fewes, Tacks, and other Rights, and all penfions lawfully difponed ofbefote: Providing alwayes , that the Superioti- tiesbelong to the King, andthatthe Airsof the Vallals be entred by Breives out of hisHighnefsChancellary, asthe Airs of his other Tenncnts. Item that where flock andteind are fet in few together, the Superiority remain intirely with the King , and the Ecclefiaftick perfon , to have the tenth of the whole dewties , pay- able for flock and tetnd. Item that Burrowes of Regality , and Barrony, former- ly holden of the Kirk, enjoy the fame Rights , and Liberties, ofexercing Mer- cha»dice, and having their own Officiars, to be hoi den of the King, 3s alio, that the King now become their Superior, have the fame right to the Nonentries of Tenements, and Annual- rents within the fame, feing they are not free Barrones regal, that the Prelates had before , andthatthe entries be exped by his Highnefs Chancellarie. Item this Annexation prejudges not heretable tailzies , and Stew- arts, in Kirk-Lands, except only as to the changeof their Superior. Item the King referves liberty to himfelf to make from this Aft of Annexation, what exceptions he pleafes being fignified under his own, and the Lord Chancellors hand, betwixt and the 15. of „4«£«/? then nixt, fevetal of which exceptions are fubjoyned in the Aft. Jam. 6. par. 11. cap. 29. But this Aft refcinded in fo far as prejudicial to the Eftate of Biiliops. Jam. 6. par. 18. cap. 2. Prelates and others, whofe Lands are annexed to the Crown are declared free of all warrandice of any difpofition whatfoever made of, ot anent their tem- poralities: -Except in the cafe of double rights, and from their own deeds. Jam. 6. par. n. cap. no. Annual- rent payed out of the Kings Annexed propertie.to any Prelate , or other Beneficed Perfon , after their Deceafe, remain with the King as a part of the patrimonie of his Crown. And it is Statut that none have right thereto hereafter, without prejudice to Hofpitals, Colledges, and Schooles. Jam. 6. par. 13. Cap. 167. See Comptroller, and Excheckcr. AS annexing the Lands therein contained to the Crown,with the ordinarie clauf- es; and exprefly that they may uotbe given away in fee, frank-Tenement, Pen- fion, ot other dilpofition, except forgteat and reafonable caufes concerning the Realme , fir ft to be adviled by the whole Eftates of Parliament .and their Decreet interponed. Ibid. Cap. 176. Annexation of all Lands, Teinds, and others , lyand on the North-fide of thewaterof Forth: Excepting the Barronies of Brunt-IJland, and Ntwbirn : And with an ample Exception , and Ratification of the Infeftments of the Barronieof Muffilbrugh, granted to the Lord Thirlfiane. Jam- 6. p. 1 3. cap. 189. ~4S Ratifying all former Afts of Annexation, fpecially the Afts Jam. 2. p. Ii. cap. 41. and Jam- s- par. 6. cap. 84. and refcinding the Aft of Diflblution pall in Parliament in King James the fixth his minority. Jam. 6. p.11.9. cag.6. and all other Afts of Diflblution made in the Minority of Kings, albeit the fame with the lnfeftment thereon be Ratified in Parliament in their Majority. Jam. 6. par. 14, cap. 204. Item the Kings Caflles,Pal2ces,Yeards,Wbods, Farks,Forrefts,Pafl ures,and in (pe- dal the Lowmondsof Falkland,Coil-heughs, and Offices, are annexed Infeparably, and excepted from the diflblution. Ibid. cap 205. Seethe AftinDiflolution. And all heretable Alienations, Affedations, Rentals, Penfions, and other Difpofiti- ons, of rhe Kings Palaces, Caftles , Paiks , Meadowes , Coal-heughs, and in fpecial of the Palaces of Halymdhouje, and Park thereof, Linlithgow, Park, and Coal thereof, Falkland, Coal, Park, and Lovjmonds thereof, Caftle of Stir- ling , Parks, and Watrds thereof , andof theTonvood,, Caflle of Dumb art a un . with the Lands, and Maines thereto adjacent, Caftle of Blacbi'efs : And generally as in the former Aft,are Declared null, from the begining. Jam. 6. p. 1 5 . cap.23 j, But the grounds of demolifhed Caftles , Bounds , Meadowes , and Loches, belonging thereto, with the faid Coal-heughs, are again diflblved. Jam. 6. p. 16. cap. S. See the Aft in Diflblution. Annexation of the few, and blanch dewties, of all ereftions to the Crown, and difcharging, and annulling all penfions , or other difpofitions, made fince the Aft of Annexation of the fame , or of any Temporalities of vac and benefices, falue totheKing, fiiice the faid Aft, notwitliftanding of whatfoever grant, or con- firmation thereof in Parliament. Jam. 6. par. 14. cap. 207. Thatall few Lands annexed to the Crown, by the Aft 1587, Remain there- with , and that all few Lands whatfoever be availed and retoured , and be lyable to Taxations accordingly. Ibid. cap. 229. All lnfeftment of the annexed property given by the King , or any of his Frede- ceffors, are Declared null, except ietby them being of perfeftage; after Diflb- lution made in Parliament mtheii Majority, with augmentation of the Rental. Jam. 6. par. 15. cap. 233. The Annexed property cannot be fet, or difponed, but in few-ferm, and all difpofitions thereof , by waird, or other manner of holding, are null, except In- feftments granted by the King, or his Predeceffors , byway of excambion with- out diminution of the Rental , Ibid. 234. All Alienations , Rentals, Tacks, Penfions, Difcharges and other Difpofitions whatfomever , of the annexed property , and fpecially of the Cnflomes made be- fore lawful diflblution , or contrary to the Conditions thereof , are null be way of aftion or exception, ibid. cap. 236. And ficlike of the Affile Hening, becaufe they are part of the Kings Cutlomes, and annexed property, Ibid. cap. 237. And ficlike of the Few-fetm dewties of the annexed Tempotality, or of any part of the Patrimonie of th« Crown, Ibid. 239. All free Gifts, and Difcharges of the Kings property , Fees, Cafualities, or Priviledges , pertaining thereto, are De- clared null, Ibid. cap. 23 8. The two part of theSpirituality unafiiimedof all Prelacies, fede Vacante , De* clared to appertain totheKing, and that it may not be put away , by any difpofi- tion whatfoever, Ibid. cap. 242. Ratifications in Parliament doe not derogat from the general Laws, about the annexed property , except the fame be made expreflie, difpenfing with the faids Laws by advice el the three Eftates (pecialiUe therein mentioned, Ibid. 243. Annexa-