Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	rent_n	value_n	yearly_a	1,574	5	10.4477	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B05185	An act for ordering the payment of debts, betweixt creditor and debitor. At Edinburgh the twelfth of July, 1661.	Scotland. Parliament.; England and Wales. Sovereign (1660-1685 : Charles II).	1661 (1661)	Wing S1091; ESTC R183893	7,389	20

within the space of ten years after the date of the same and all Comprisings deduced since January one thousand six hundred and fifty two years and whereof the legals are expired and all Comprisings deduced before the said moneth of January one thousand six hundred and fifty two years and which were not expired before the said moneth of January one thousand six hundred and fifty two years shall be redeemable within the space of three years after Whitsonday now last by-past notwithstanding the legal reversions of the same be now exp●●ed And in case the Lands and others comprised exceed in yearly Rent and value the Annualrents of the Sums contained in the saids Comprisings 〈◊〉 of the expence disbursed in obtaining Infeftments thereupon and the Debitor shall desire the Creditor to possess the Lands and others comprised it shall be lawfull to the Lords of Session like as the saids Lords are hereby impowered and authorized upon a Supplication to be made to them by the Debitor and citation of the Comprisers to appoint the Apprisers to possess such of the saids Lands and others during the legal reversion as the saids Lords of Session shall think just and reasonable the saids Debitors alwayes giving possession to those who have right to the saids Comprisings and ratifiing their possession already apprehended by them if any such possession they have of such of the saids Lands and others as the saids Lords of the Session shall appoint not being beneath in yearly Rent and value of the Annualrents above-mentioned or otherwayes giving to the Creditors whether they have possession or not sufficient Security at the sight of the saids Lords for payment of the saids Annualrents during the time foresaid the saids Lords of Session having alwayes power to determine whether in the cases foresaids the Debitor shall give Surety to the Creditor for his Annualrents or the Debitor not being able to give Surety the Creditor shall be oblieged to take possession of the Debitors Lands And if the Lords of Session shall appoint in the case foresaid the Creditor to be possest for his Annualrent then and in that case the Debitor shall be holden to deliver the Evidents of the saids Lands to the Creditor or transumps thereof providing alwayes that the Creditors right by vertue of the saids Comprisings be no wayes prejudged after the expiring of the same And that th● whole Lands and others both such as shall be possessed by the Debitor and the remanent of the Lands and others contained in the saids Comprisings shall pertain to the Creditor irredeemably And because oftentimes Creditors in regard they live at distance or upon other occasions are prejudged and preveened by the more timeous diligence of other Creditors so that before they can know the condition of the common Debitor his Estate is comprised and the posterior Comprisers have only right to the legal reversion which may and doth often prove ineffectual to them not being able to satisfie and redeem the prior Comprisings their means and money being in the hands of the common Debitor Therefore it is Statute and Ordained That all Comprisings deduced since the first day of January one thousand six hundred and fifty two years before the first effectual comprising or after but within year and day of the same shall come in pari passu together as if one comprising had been deduced and obtained for the whole respective Sums contained in the foresaids Comprisings And it is Declared that such Comprisings as are preferable to all others in respect of the first real Right and Infeftment following thereupon or the first exact diligence for obtaining the same are and shall be holden the first effectual comprising though there be others in date before and anterior to the same and the foresaid benefit given and introduced hereby in favours of these whose Comprisings are led within the time and in manner foresaid is only granted and competent in the case of Comprisings led since the first day of January one thousand six hundred and fifty two years and to be led after the date of thir presents and for personal Debt only without prejudice alwayes of ground Annuals Annualrents due upon Infeftment and other real Debts and Debita fundi and of Comprisings therefore of Lands and others affected therewith which shall be effectual and preferable according to the Laws and Practick of this Kingdom now standing And it is also provided that the Creditors having right to the first comprising except as is above excepted shall be satisfied by the posterior Comprisers claiming the benefit foresaid of the whole expence disbursed by them in deducing and expeding the said first Comprising and Infeftments thereupon And further for obviating the frequent and fraudfull practice of the appearand Heirs of Debitors who are in use to acquire the right of expired Comprisings and by vertue thereof to enjoy and possess their Predecessors Lands and Estate to the prejudice and defrauding of the posterior Comprisings and other Creditors It is Statute that in case the appearand Heir of any Debitor or any other confident person to his behoof shall at any time hereafter acquire the right of an expired Comprising already deduced or which shall be led and deduced hereafter the said right shall be redeemable from the appearand Heir or the said confident person their Heirs and Successors within the space of ten years after the acquiring of the said right by the posterior Comprisers upon payment allanerly of the Sums truely paid and given out for buying and acquiring the saids rights at the least so much thereof as shall be resting unsatisfied for the same by the intromission of the appearand Heir or of the said confident person or their foresaids And His Majesty with consent foresaid doth Declare That the benefit foresaid introduced hereby anent Comprisings shall be extended to Adjudications for Debt so that the Creditors at whose instance the same are obtained and those who have right to redeem the same shall be in the same case as to the benefit foresaid as if the said Adjudications for Debts were Comprisings And in case a Creditor against whom the benefit of the foresaid forbearance for six years shall be taken or who hath led or shall lead a Comprising against the Debitor shall think fit and be willing and desirous to take his Debitors Lands or other Estate or any part thereof for security or payment and in satisfaction of his Debt then and in either of these cases the Debitor shall be holden to give Security out of his Lands and other Estate or to sell the same to the Creditor at the sight of the Lords of Session with such warrandize and at such rates and prices if the Creditor be content to buy as they shall appoint with certification that otherwayes the Debitor refusing or failing shall lose and forfeit all benefit introduced in favours of the Debitors by this present Act as if it had never been made And in regard some persons

may have taken advantage of the late times and troubles by taking and acquiring of proper Wodsets of Lands and others exceeding the Annualrent of the Sums lent upon the same and providing neverthelesse by the right of the foresaids Wodsets and expresse provisions therein or by writ a part that they should not be lyable to any hazard of the Fruits Tennents War or Troubles His Majesty with consent foresaid Statutes and Ordains that all such Wodsets granted since the year one thousand six hundred and fourty nine shall be restricted to the ordinary Annualrent of the Sums whereupon the same are redeemable and the saids Wodsetters shall be countable for the superplus of the Mailes and Duties and other benefit of the same exceeding the Annualrent of the saids Sums and the same shall be imputed and ascribed in satisfaction of the said principal Sums pro tanto And in case any such Bargains and Rights shall be made and acquired hereafter His Majesty with consent foresaid Declares the same unlawfull and usurary and the Contraveeners shall be punished severely as Vsurers conform to the Laws and Acts of Parliament against Ockerers and Vsurers And as to proper Wodsets granted since the time foresaid where the Creditor undergoes the said hazards and the same are affected with the ordinar provisions and clauses irritant in case of not payment of the Sums given out and due upon the saids Wodsets at the tearmes and in manner mentioned in the saids Rights albeit the saids Wodsets and Provisions be lawfull yet His Majesty considering and having respect to the difficulties of the times Statutes and Ordains with consent foresaid That the saids Clauses irritant shall not take away the Heritors right they alwayes redeeming within the space of five years after Whitsonday last And in case the Debitors conceive that they have dis-advantage by the said proper Wodsets and shall desire to redeem the same it shall be lawfull to them to redeem at any tearm of Whitsonday or Martimesse they please notwithstanding of any provision to the contrair in the said Wodset-rights or any other right a part suspending the redemption thereof Likeas it is Declared That the Clauses of requisition contained in proper Wodsets granted since the year one thousand six hundred fourty nine years shall be effectual and no wayes suspended nor prejudged hereby But prejudice alwayes to the forbearance of personal execution in manner above-written And where the Creditors and Wodsetters have transacted with their Debitors and have acquired irredeemable rights for and in place of their former Wodsets it is Ordained and Declared That when and at what time soever the saids Wodsets were granted whether before or since the year one thousand six hundred and fifty years the saids transactions and irredemable rights acquired by the Creditor for the same are and shall be valide and effectual and shall no wayes be prejudged by these presents And further His Majesty with consent foresaid doth Declare That in case any Debitors have by voluntait agreement betwixt them and their Creditors or any of them renounced the benefit of any Acts of this nature concerning Debitor and Creditor made or to be made the said agreement shall be of force and effectual and shall not be prejudged hereby without prejudice alwayes to the said Debitor of the prorogation foresaid of the legal reversions of Comprisiings led and deduced against them and not as yet expired notwithstanding of the agreement and renounciation foresaid And because before the year one thousand six hundren and fifty when money past at eight or ten per cent divers proper Wodsets were then made and granted and are yet unredeemed and since the beginning of January one thousand six hundred and fifty there be divers persons who taking advantage of the times refused to lend their money unlesse they got proper Wodsets of Lands and Teinds at extraordinary advantages to the heavy prejudice of the Debitors Therefore His Majesty with advice foresaid Statutes and Ordains That in time coming during the not requisition of the Sums whereupon the saids Wodsets are redeemable and during the not redemption of the same respectively if the Debitors shall give sufficient Security to the Wodsetter for payment of his Annualrent during the not redemption or not requisition as said is In that case the Creditor Wodsetter shall be holden to renounce and quit his possession of the saids Lands and Teinds in favours of the Debitor and others having right from him At least if the Wodsetter shall be content to retain the possession of the same In that case all the free Profits and Rents which he shall have or uplift out of the saids Lands shall be restricted to six per cent yearly of free money and the Wodsetter shall be countable to the Debitor or others having right from him for the superplus and that without prejudice of the Wodsetter's reall Right and Infeftment ay and while the Lands be redeemed and the principall Sum whereupon the same is redeemable shall be satisfied It is alwayes provided that where any Creditor hath had loss by his possession of the wodset Lands and others since the date of his Wodset So that he hath not received as much free Rent as communibus annis hath extended to the Annualrent allowed by Law for the time all charges and burdens being deduced in that case it is provided that the Wodsetter shall be first satisfied of what he wants before he quit his possesion of the said wodset Lands or be holden to accept Security for his Annualrents And it is Declared that in the account of the Wodsetter's by-gone losse there shall be allowed what he hath disbursed upon reparation and building of Tennents houses Milnes and for the advantage of the ground and generally all other expence which the Wodsetter was put to and what losse he sustained in reference to the said wodset Lands Rights and Securities thereof any manner of way and what he hath lost by Quarterings Cesse waste Land depauperated Tennents or by Tennents who were or are not able to pay unlesse the ground should be casten waste And because the Wodsetters probation of his saids losse may be difficile he not conceiving that there should be necessity for any such count or that there should be any alteration made in the right and possession of his proper Wodset Therefore His Majesty with advice foresaid doth allow the Lords of Session to take such reasonable probation as in equity they shall think fit And if there be any deficiency to take the Wodsetters oath in supplement and where the Wodsetter is in natural possession of the wodset Lands by dwelling thereon or labouring the same with his own Plough and Goods or otherwayes having the same plenished with his saids Goods in that case he shall not be holden to remove from his said possession but at the ordinary tearm of removing and that he be lawfully warned fourty dayes before and after sufficient Security shall be made to him in manner above specified before the said warning And His Majesty having granted so much favour benefit and indulgence to Debitors as the like cannot be shown to have been granted at any time in this Kingdom doth Declare Statute and Ordain That the Laws and Practick of the Kingdom concerning Debts and payment thereof and diligence and execution for the same and concerning proper Wodsets where the Creditor-wodsetter hath the hazard of Fruits Tennents War and others shall be observed inviolably and be of full force vigor and effect in all time coming excepting so far as the same is altered innovat and repealed by this present Act. FINIS