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land_n father_n heir_n purchase_v 1,342 5 10.3637 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B04862 Proposals for obviating the frauds of appearand heirs Scotland. Parliament. Committee for Security of the Kingdom. 1695 (1695) Wing P3729A; ESTC R230601 1,770 4

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PROPOSALS For Obviating the Frauds of Appearand Heirs OUr Soveraign Lord Considering the frequent Frauds and Disappointments that Creditors do suffer upon the Decease of their Debitors and through the Contrivances of appearand Heirs in their prejudice For Remeid thereof and also for Facilitating the Transmission of Heretage in favours of both Heirs and Creditors His Majesty with Advice and Consent of the Estates of Parliament STATUTES and ORDAINS That if any man serve himself Heir not to his Immediat Predecessor but to one remoter as passing by his Father to his Goodsire or the like Then and in that Case he shall be lyable not only for the Debts and Deeds of the Person Interjected to whom he might have been Served Heir And who was in the Possession of the Lands and Estate to which he is Served for the space of _____ years And that in so far as may extend to the value of the said Lands and Estate and no farder As also His Majesty with Advice Consent foresaid STATUTES ORDAINS That if any Appearand Heir for hereafter shal without being lawfully Served or Entered Heir either possess his Predecessors Estate or any part thereof or shall purchase any right thereto or to any legal Diligence or other Right affecting the same whether Redeemable or Irredeemable otherways than when the said Estate is exposed to a lawful publick Roup and as the highest Offerer thereat without any Collusion his foresaid Possession or Purchase shall be repute a behaviour as Heir and a sufficient passive Title to make him represent his Predecessor universally and to be lyable for all his Debts and Deeds siklike as if the said appearand Heir Possessing or Purchasing as said is were lawfully Served and Entered Heir to his said Predecessor And farder His Majesty vvith Advice and Consent foresaid STATUTES and ORDAINS That for hereafter any appearand Heir shall have free liberty and access to Enter Heir to his Predecessors Cum beneficio Inventarii or upon Inventary as the use is in Executories and Moveables Allovving still to the said appearand Heir year and day to deliberat In vvhich time he may make up the foresaid Inventary vvhich he is to give up upon Oath full and particular as to all Lands Houses Annualrents or other Heretable Rights vvhatsomever to vvhich the said appearand Heir may or pretends to Succeed vvhich Inventary to be Subscribed by him before Witnesses duely insert designed shal be given in to the Clerk of the Sheriff Court of the Shire vvhere the Defuncts Lands and Heretage ly Or incase the Defunct had no Lands or Heretage requiring Seasin of the Shire vvhere the Defunct deceased To vvhich Inventary the Sheriff or Sheriff-Deput vvith the Clerk of the Court shall also Subscribe in Judgement and Record the same in their Registers and give Extracts thereof for all which the up giver of the said Inventary shal pay no more to the Court and Clerk thereof on any account then the ordinary Price of Extracts in that Court for an Extract of the said Inventary and this Inventary is to be given in Recorded and Extracted as said is within the said year and day to Deliberat and thereafter the foresaid Extract thereof shal within fourty days after the Expiration of the said year and day be again presented and Registrat in the Books of Council and Session in a particular Register to be appointed by the Clerk Register for that Effect and the appearand Heir Entring by Inventary in manner foresaid is hereby Declared to be only lyable o his Predecessors Debts and Deeds Secundum vices Inventarii and in as far as the value of the Heretage given up in Inventary will extend and no farder providing always likeas it is hereby specially provided that if the aforesaid appearand Heir shal have any Intromission with the Defuncts Heretable Estate or any part thereof otherways than necessary Intromission for Custody and Preservation before his giving in Recording and Extracting of the said Inventary in manner foresaid or if he shal Fraudfully Omit any thing out of the said Inventary that is which yet he shal be found to have Intromitted with or Possessed then and in either of these cases he shal lose the Benefit of the Inventary and be Universally lyable as if entred Heir without Inventary And farder that if any part of the said Heretable Estate shal be without Fraud Omitted to be given up by him in the foresaid Inventary and shal not in the mean time be affected by the Diligence of a lawful Creditor he shal have Liberty so soon as he comes to the knowledge thereof and within _____ days thereafter to make an Eik of the same to the said Inventary which Eik is to be made and Subscribed given in and Recorded in the same manner with the Principal Inventary above-mentioned And lastly is ●s hereby Declared that appearand Heirs if they please may Enter without Inventary as formerly in all Points and that whether they Enter with or without Inventary They are still to Enter by Service and Retour or by Precepts of Clare constat in manner formerly accustomed By Order of the Committee of Parliament for Security of the Kingdom