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son_n daughter_n marry_v succeed_v 17,718 5 10.0223 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A53591 Overtures for correcting and amending the laws humbly presented to His Grace the Duke of Queensberry, His Majesties High Commissioner, and the Honourable court of Parliament / by a well-wisher to his countrey. J. F. 1700 (1700) Wing O644; ESTC R4508 12,170 14

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reduceable upon the head of Fraud and being granted to the Prejudice of his lawful Creditors to an conjunct person Of Testaments Confirmations thereof and others relating thereto 1. That seing the ground and reason of Law for confirming of Testaments is Vt bona sint salva pupillis creditoribus that therefore where the nearest of Kin are Majors there shall be no necessity for them to confirm nor any Dative made in that case and that Creditors may Confirm and Pursue to give up Inventar or to make Payment as vitious Intrometters at their pleasure 2. That the Husband shall not be obliged to Confirm the Wifes Testament nor give up Inventar thereof seing he was and is Dominus and may alienat and dispose of his Movables during his life and the Wifes-Right is only by vertue of the Division that falls between the Husbands nearest of Kin and the Wife in case that she survive him 3. That the eldest Son or Daughter shall have a double Portion of the Movables where there is not an Heir so that she or he Succeed not as such 4. That Daughters married in the Fathers Life shall have no right of Succession or Interest in his Estate but what is expresly provided in case there be moe Children and if there be none she is to succeed as accords Anent the Foru● of Processes and payment of Advocats and Clerks c. 1. That the Act of Sederunt be ratified appointing two Lords to come each Forenoon to a place erected for that end and there per Vices to call ●nd finally discuss and determine what Causes ly before them undiscust whereby the intollerable trouble and pains both Lords Advocats Clerks and Clients are put to in attending the whole Afternoon for getting such Causes called will be prevented 2. That the Act of Regulations made in anno 1672 anent the modifying Sallaries to Advocats Clerks and others be totally rescinded and all Renovations Ratifications thereof and others preceeding the date hereof relative thereto as being burdensome and impracticable both to them and Clients and that they be payed as before that Act at the Discretion of the Clients 3. That where Interloquitor or Sentence is pronounced and Bills one or moe given in reclaiming against the s●me and which is refused by the Lords that neither the same nor no other Bill be insert in the Act or Decreet but such as he in whose favours the same is shall desire and think fit to have insert therein and that the saids Regulations and all sub●equent stand in their full force as to all the other Articles thereof except what is hereby altered as said is Anent the Sale of Bankrupts Lands 1. That in regard by the Act of Parliament the _____ day of September 1681 Anent the Sale of Bankrupts Lands There is no warrand or appointment for citeing the Creditors to hear Probation led of the Rental and Value of the Bankrupts Estate which being in absence as to the Creditors may tend to their loss and prejudice Therefore it be Statute that the real Creditors who are in actual possession of such Estates by Laboring the same or setting Tacks thereof be cited to the leading of the Probation of the Rental and Value of the Lands to be Rouped and that there shall be no other Citation or intimation req●isit to be made to the saids Creditors or Bankrupt in any subsequent st●p of the Process but that it shall be sufficient that they be cited thereto apud acta and in special as to the time and place of the Roup And farder to declare that in all time coming there shall be no necessity on the Pursuer of the Roup of using intimations at the Paroch Churches and Mercat Crosses mentioned in the said Act but that it shall be a sufficient Intimation to the Creditors that they be cited thereto apud acta only as said is and if the Creditors or Bankrupt think fit that it shall be leisum for them to raise Letters in the Pursuers name to intimate the said Roup the time and place thereof at whatever Mercat-Crosses Kirk-Doors or other places whatsomever they shall think fit and wherever they conceive or apprehend Merchants or Buyers of the saids Lands may be found but that the Pursuer shall not be oblidged to do the same notwithstanding of that Clause in the said Act of parliament which is in so far hereby dispensed with Lakeas that it be furder declared That where Decreets of Sale are pronounced and extracted That they shall not be quarrellable upon any ground or nullity by any of the saids Creditors cited as said is but that the same shad be as valid and sufficient a Security to the Buyer as if the saids Creditors had disponed or consented thereto under their hands and that the samen shall also be unquarrellable at the instance of any other person whether Creditor or Author to the Bankrupt or any way may pretend to have Right or Interest to the saids Lands whether by Rights following from the Bankrupt or any other his predecessors or Authors whatsomever And farder that it be declared that in regard great Obstructions are made in the buying of Lands at Roups throw the purchasers not getting the price taken off his hand occasioned by the Jangling and Competitions that falls out amongst the Creditors anent the same For Remeid whereof That it be Statute that it shall be leisum for the Buyer after the elapsing of year and day to consign the said price either in specie or Assignations to sufficient Bonds or Debts in the Clerks of the Proces hands and that due Intimation be made to the Creditors cited as said is that the Buyer is to do the same by a Nottar and Instrument and that the said price being so consigned or Assignations to Debts as said is That the said Clerk shall intimat the same to the Lords and thereupon they are to ordain an Act to be made declaring that he has consigned the price or Assignations as said is And therefore discharging the Buyer of the Price of the saids Lands and that the same shall be al 's valid and effectual for freeing and acquitting him therefrae at the hands of all persons whatsomever in all time coming as if the samen had been granted by the whole Creditors themselves As also that in regard when Debitors break they abstract or carry away with them the Rights and Securities of their Lands so that it is not possible to get or make up a sufficient Progress to the saids Lands That therefore it be Statute and ordained that if the Debitor was infeft in the saids Lands or had a Real Right there to either by expyred Apprising or voluntar Disposition and by vertue thereof has been in Possession for the space of years That then and in that case the Production of the s●id Seasin or Real Rights foresaid whereupon no Infeftment has followed shall be held and repute a sufficient and valid Right in the person of the Debitor without any farder necessity for the Creditors to give or the Buyers of the saids Lands to crave any other Title or Progress to the saids Lands for stateing the Right thereof in the Debitors person but only as said is and that the said Seasin or Real Right foresaid whereupon no Infeftment has followed shall be held and repute in Law a sufficient Right to the saids Lands to the Buyer thereof at the Roup without any farder Progress