And first, Anent Husbands and Wives Interests and Rights to the Estates of each others.

SEing by Our Law, where the Husbands Estate consists only of Bonds bearing Annualrent; The Wife when Relict hath neither Third of the same, nor Terce of the Annualrents. That therefore it be Statute she have one of them.

2. That the Husbands Jus Mariti extend no ways to the Wifes Heretable Estate, but only the Annualrents thereof accreuing before, and during the Marriage: And that he nor his Creditors nor Successors have no farder Inte­rest in her Moveable Debts or Goods, except there be express Provision made by her thereof; And if the Husband hath not exerced his Jus Mariti in his own time, as to the uplifting of these Annualrents, The Right thereof shall cease and remain with her and her Representatives, but with the burden of what Debts he hath payed for her.

3. That the Husband shall not be lyable for the Wifes heretable Debt, nor yet for her Moveable due before the Marriage, nor contracted during the same, except where it is necessar▪ and for the behove of the Husband, and that the Quantity and Contracting shall be probable by the Wifes Oath, and he ly­able, unless he can give his Oath of Calumny that he has reason to believe she will depone to his prejudice, of design to burden him with an unjust Debt.

4. The Marriage being Solemnized and the parties once Beded, all the O­bligations thereanent to be valid and effectual as to all effects, tho' it last not Year and Day.

5. That Wives personal Obligments during the Marriage be null, as also Renounciations of their Joyntures or any part thereof, without consent of their Parents (if Living,) or two of their nearest Relations (if their Parents be Dead) except it be Remunerated by giving the equivalent both as to Se­curity and Quantity.

Anent Parents and Children.

1. That it shall be leisum for Parents on Death-bed to provide their Daugh­ters and younger Children by Bond or Legacies, and which shal affect their Exe­cuters and Heirs, The samen not to exceed [...] years Rent of their Estate, And that the said Estate be free, and if it be not, that the Provisions shall only be sustained in so far as they and the Debt shall extend to six years purchase thereof.

2. That the Parents be obliged to Aliment and Educat their Children, ex­cept they can give a reasonable Cause to the contrair; And Children to maintain their poor Parents, according to the Quality of the Parents, and the condition of the Childrens Estate.

3. That for the publick good it shall be leisum for Children to leave their Parents, and go to any Trade or Imployment after they have attained to 14 years of Age, if the Parents cannot Educat therein, Or some other that may be as much to their Credit and Profit.

4. That it shall be leisum to take the poor Children within ten years, and to retain them as Servants untill they be 30 years old.

Anent Tutors, Curators and their Pupills.

1. That Tutors of Law be cognosced to be not only of the Age and Relation requisit, but also that they are reputed fit to manage, and of good Fame and Reputation.

2. Where Tutors are named, whether with or without a Quorum, or sine quibus non, if any one of these named accept, he shall seclude the Tutor of Law, unless he also have been named one of the Tutors by the Defunct; and that these who act and behave as Tutors and are not legally entered and admitted to the Office, shall not only be lyable as Tutors or Curators, but shall have no allowance of their Charges and Expenses that they have laid out either upon the Pupil or his Affairs.

3. That Tutors and Curators shall be obliged to lend out for Interest their Pupils Money, whether principal Sums, Annualrents or Rents of Lands, and pay interest therefore, from the next Term at which it came in their hands, except they have emitted publick Edicts that the same is in their hands, and was ready to be lent upon Security.

4. That Tutors Testamentars are not to be lyable for Omissions, and that it shall be leisum for Tutors and Curators to accept with that Quality, and that the Judge admit the same, unless the nearest of Kin or some other person interested offer themselves or others to undertake the office simply without a­ny such Qualification.

5. That where there are more Tutors and Curators than one, and if any one of them act or intromet, he is first to be conveened and discust before the rest be lyable, but so as if he be not sound solvent, The Pupil shall have re­course against the rest for the Expenses he has been at in pursuing and discus­sing the said insolvent person.

6. That all Curators named, Depon, that they have not used any means, or made any desire or motion to the Pupil or any other for their being elected, and if they refuse to Depone, That they be rejected.

7. That Minors be not allowed to make Testaments without consent of their Curators, But that Legacies left by them (expressing the Cause) be al­lowed according as the same shall be found just by the Judge Ordinar.

8. That there be no Action sustained whither Petitory or Possessory against a Minor as to Lands or Heretable Rights, wherein his Father was by vertue of legal Titles in possession uninterrupted Year and Day.

9. That no Interdictions be sustained, but such as are after Cognition of the Cause thereof taken by the Judge Ordinar, and that it shall be leisum for any near Relation or persons interested in the Preservation of any persons E­state, To apply to the Lords of Session for cognoscing the Defender to be Pro­digus, and to be interdicted accordingly, and that the same shall not be taken off, but by the sentence of a Judge & causâ cognitâ.

Anent Obligations and Contracts.

10. That where by Contracts betwixt two parties, there is sometimes Clauses conceived in favours of third parties, That it shall be in the power [Page 3]of the parties Contracters, to nullifie or discharge these Clauses without consent of that third party, unless the Contract be in his hand.

2. That no Verbal Conditions, Promises or Pactions shall be Probable by Witnesses, being lyable to Mistake, and uncertain as to the design and mean­ing of the Promiser.

3. That the Depositation of Writs, or the Conditions of granting thereof, shall not be Probable by Witnesses, or the Oath of the Depositar or Haver, but only by Writ or Oath of the Granter, because that is in effect to evacuat Writs by Witnesses, or to make up the same thereby, which is to make Wit­nesses as valid and effectual a mean of Probation as Writ.

4. That albeit by our Law, Interest be not due for Money, without Pa­ction, until the Debitor be charged and denunced, which is needless Trouble, and very Expensive, and may tend to the Prejudice of Creditors, if he should happen to be denunced; that therefore after simple requisition of the Money due by a liquid Bond, Ticket, Subscribed Accompt, or the like, Annualrent shall be due even as if there were an express Paction for Payment thereof, se­ing by the Requisition the Debitor is in mora.

Anent Infeftments and Real Rights of Lands.

1. That where any Person stands Infeft in Lands, as having purchast the same himself, or as Heir to some of his Predecessors, there shall be no more requisite for establishing the Right thereof in the person of his Heir who is to succeed him in the saids Lands, but only a general Service before the She­riff of the Shire where the Lands ly, cognoscing the Pursuer of the Brieve to be General Heir, and of Line▪ or such an Heir as is mentioned in the Brieve; and this being Registrat and Retoured, shall be a sufficient Right to the per­son served, without any further Progress or Solemnity in Law, conform to the Law of France, and many other Nations.

2. That where there is Infeftment taken in name of the persons first institute, and to these nominatim substitute, that these substitute shall not be put to fur­ther trouble for stating the Rights in their persons, failing these who are in­stitute or substitute before them but only cognosced by an Inquest, that these persons are failied, and that he is next substitute, and that the same being cognosced, shall be a valid Right without any farther.

Anent Superiorities and the Casualities thereof.

1. That the King receive all singular Successors gratis, seing the ground of Law for paying Compositions, is, that the Superior receives a Stranger in place of his Vassal and that there is no Subject can be repute a Stranger to the King, and so there ought nothing to be exacted for his Entry, and the exacting there­of is a Novelty, not being so from the beginning.

2. Seing the Superior gets all his Duties and Casualities from the Vassal, or his Fee, as well when not Entered as when he is; that therefore there be no Nonentry esteemed in Law, unless the Vassal be contumacious and convicted of Contempt against his Superior, and that from and after a Decreet of Non­entry to be recovered against him, he always being Major.

3. That the Value of Vassals Marriages be only estimat and proportional to the Value of the Fee held by them in Ward, and wherein no regard is to be had to their other Estate Personal or Real.

4. Or rather that the Wards be turned into Feu, and an estimat put on the Marriage, by which the captious way of catching Vassals, by making offers of Matches to them, will be remeeded; and this Estimat put upon their Mar­riages, [Page 4]to be either according to their Charter extant, or according to the pre­sent Valuation of their Land, which may be either done by Taxing the Mar­riage, or making the Feu-duty more, in lieu of all.

5. That no Escheats (Liferent or Movable) fall, or be gifted, to the pre­judice of lawful Creditors, and that they have no place untill all the Rebels Debts be payed seing by the Law of all other Nations it is a received Maxime, that Ita bona debent transire ad fiscum qualia fuerunt apud delinquentem & cum omnibus oneribus & debitis.

Anent Fiars and Liferenters of Lands and Sume, and the Courtesie due to Husbands.

1. That the last Termination being of the Heirs of any who are institute, infer that person to be the Fiar.

2. That the Terce extend to Lands and Teinds, and all that is Heretable, and Bonds bearing Annualrent, seing the Relicts have no Third thereof, and therefore ought to have a Liferent-Terce, where there is no Contract of Mar­riage.

3. That Superiors receive Liferenters gratis, without any Composition, seing there is no change of Vassals, and that they ought not to be put to the Trouble and Expense of Adjudging upon the Obligment in the Contract of Marriage.

4. That Tochers and Joyntures be both due, tho' the Marriage subsists not Year and Day, if it be Consummat by going to Bed; and that the Husband have the Courtesie of all Lands wherein the Wife either was or might have been Infeft, if the Marriage be Consummat as said is.

Of Teinds.

Teinds being Jewish, and a part of the Levitical Law, and of no Di­vine Right now under the Gospel, that therefore they be Consolidat with the Stock, and the Proprietar or Tacks-man put to pursue for the Price that shall be appointed to be payed therefore, and that the Price of the Teinds be first applyed for buying a Maintainance for the Minister, whether of Land or An­nualrent, out of the Property, which in all possible Events may be a Com­petency; and if in after times it shall be necessar to augment the same, that it be done by a personal Pole of all within the Paroch, to be casten upon them yearly.

Of Tacks.

1. That Tacks set at the usual and ordinary Avail of Lands in that place, or at which these were formerly set, shall be valid against Wards, Escheats, Nonentries, Forfaultures, and all other Casualities of Superiority.

2. That Tacks set be inviolably observed, that Tennents may be thereby en­couraged to Plant and Inclose, Meliorat and Cultivat the Land, and that they Enjoy the same peaceably during all the years thereof; providing always, that if the Master (for his own necessary use and utility) shall think fit, either to Labour or Inclose the same himself, either in whole or in part, that it shall be leisum for him to do the same, notwithstanding of the said Tack, he always refounding to the said Tennent, what Grassum or other Gratification he has got for making the said Tack, proportionally and effeiring to the Grassum and number of Years he was to enjoy the same; or if there was no Grassum, the Master paying the Damnages that shall be found the Tennent has sustained thorow his being removed from his Possession as said is.

Of Transmission of Rights, and also of the Extinction thereof.

1. That Superiors be bound to accept of Resignations in favorem, and that an Instrument of Refusal, shall be as to all intents equivalent to an Charter and Seasin by the said Superior, unless at the taking of the said Instrument he give the Reason of his Resusal, and instruct the same before the Judge Ordinar within Year and Day, to whom it is remitted to judge both the Relevancy and Verity thereof.

2. That Recognitions be abrogat, at least as to the King's Vassals, seing all Subjects are alike as to him, and it imports not which of his Majesties Subjects be his Vassals in any particular Fee.

3. That there be no Recognition in Taxt-Ward, providing the Feu-duty payable out thereof, be effeir [...]nd to the Taxt-duty and Marriage, if the whole be feued, and proportionally if a part; In which ca [...]e the Superior can pretend no Damnage or Loss.

Anent Prescription and Interruption.

1. That there be a difference made as to the Prescription of Moveable and Heretable Rights and that the same be shortned in both.

2. Seing the first registrat Seasin is repute a publick Infeftment, that there­fore there be no longer any defence sustained upon the benefite of a Possesso­ry Judgement, the first registrat Seasin being equal to a publick Infeftment since the Date of that Act.

3. [...]eing in Prescriptions both Titulus, and bona fides, are requisite, that therefore one of the Parties privat knowledge of the Right of another, albeit not compleat, is, that he had a Disposition, but no Infeftment put him in ma­la fide.

4. That all legal Interruptions should be against the persons themselves, and not Co-debitors; And that Diligence against one Co-obligant, should not preclude the other of the defence of Prescription.

5. That albeit Inhibitions be only negative Rights, yet the extent of them is become so exorbitant, that they are of far more Force and Effect nor an posi­tive Right by Disposition; And also in respect it is yet dubious from what time Inhibitions take effect, whether from the Date of the Execution against the Party, or at the Mercat Cross of the Jurisdictions where the persons dwell, or the Lands ly, or that it shall only take effect from the Date of the Registra­tion, which seems to be more just, seing the Leidges are there only certiorat, the executing at Crosses being now a meer Formality, passing without the not­tice of any, so that the only mean of knowing who is Inhibite, is by search­ing the Registers:) Therefore, that it be enacted, [...]hat in all time coming In­hibitions being raised and execute against the Party personally, and registrat either in the general Register, or Books of the Jurisdiction wherein he dwells, within 48 Hours thereafter, shall be valid from the Date of the said Registration, without any further Solemnity.

The reason why the Re [...]istration may be within such short time, is, because the Execution is only to be against the Party personally, without any further Execution at Mercat-Crosses where the Debitors Lands might ly, so that it took a considerable time before it could be done, but here where there is nothing re­quisite but a personal Execution, it may be within 24 Hours carried to the Re­gister, or Jurisdiction where the person inhibite dwells, and insert in his Re­gister or Minut-Book thereof.

6. Item, That Inhibitions run from the Date of the Registration thereof, and not from the date of the Deed that is done contrair thereto.

7. That Libels for House-Mails, Merchants-Accompts, Servants-Fees, and the like, shall not be relevant, unless they also bear that they are resting, owing, and that the same be only probable scripto, if the Debitor be dead and scripto vel juramento if living, and that therefore Merchants take Writ for what they furnish bearing the Quantity and Price thereof.

Of Voluntar Assignations and Legal Arrestments.

1. That where an Assignation is purchased for Money, or other good Deed from a person, that is not of Relation, or such a person as would be thought not to have gifted the same, in such a case (according to the common Law) the Assigney shall recover no more from the Debitor than he truly payed, or his Fact or Deed done by him can be estimat worth by the Judge Ordinar, and this to preveen & discourage the taking and buying unnecessarly the Debts resting by others.

2. That where the principal Writ assigned is delivered at the time, it shall be preferred to any other Assignation, tho' first intimat, the said Writ being probable, and Possession compleating the Right.

3. That neither Inhibitions nor Arrestments pass of course, but by a special Deliverance of the Lords in presence, or upon a Report, and upon instruct­ing sufficiently, grounds for founding thereof, and that the Inhibition being only a personal Inhibition, that the Debitor put not his Estate in a worse condition than it is at the time of the serving thereof: That therefore it sub­sist and stand good only for such a Number of years as the User may have time to constitute his Debt, and when constitute, or if it be liquid before, that he may have a competent time within which he may do legal Diligence by Adjudication, and that no Inhibition upon a dependance last longer than three years, unless real Diligence follow upon the Debt, which was the ground thereof, and that the Inhibiter consent to the Sale, upon payment or Consig­nation of the Price, or lending the same, so as it may bear Interest, which is more for the Inhibiters advantage.

4. That all Arrestments within year and day come in parip ssu, or within a competent time, seing Adjudications and Apprysings which are the paralel Diligence as to heretable Rights, come in so; And the same Parity of Reason is in the arresting of Moveables, that is, in the adjudging of Heretables, which is, that the Creditors may be absent, and not know of the Debitors Estate and Condition, nor of his Moveables and Money, nor that he is vergens ad pauperi [...]m, & ubi paratio eadem debet esse Lex.

Of voluntar Dispositions and legal Conveyances by Apprysing and Adjudication.

1. That the first person who purchasses Lands, being infeft therein, and his Seasin registrat, there shall be nothing requisit for establishing the Right thereof in the person of his Heir, to whom by the Infeftment the same is pro­vided, whether Heirs of Line, or Male, but only an Service cognoscing the Pursuer of the Brieve to be the person to whom by the Conception of the Infeftments the Fee doth belong, and this being retoured, shall be a suffici­ent Right to all succeeding Heirs, who are in like manner to be served Heirs to the last retoured, which shall also be to them a compleat Right to the saids Lands, and a valid Title for all effects.

2. That where Lands are not affected with Rights or Incumbrances, it shall not be leisume to Appryse or Adjudge the same, but that the old Brieve of Di­stress [Page 7]shal be revived, direct to the Sheriff, who shal Adjudge as much Land to the Pursuer, to be valued by an Inquest, as will satisfie the Debts; and if the Lands be indivisible, and worth more, that the Creditor pay it in, otherways the same to be null.

Of Confiscations, Escheats, Forfaultures, and the like.

1. That Denunciations for not payment of Debts, the effect thereof shall only be for obtaining Caption and Payment of the Debt before others who have done no Diligence, and that the Escheat extend only to the Debt in the Horning.

2. That no Escheat shall fall upon any Denunciation, except the Charge was given Personally, or that Access was refused; seing by our Law Con­tumacy cannot be inferred without a Personal Citation, so far less ought it in this case, where the Certification is of so great an Import.

3. That Charging Personally, and Denuncing at the Mercat Cross of Edinburgh be sufficient, and Registration also there, which is sufficient to cer­tiorat all the Liedges thereof.

4. That Denunciations shall not prejudge any Party who bona fide get Ob­ligations for onerous Causes from the Rebel, or receives Payment of Debts resting to him by the Rebel, at what ever time the same be contracted, seing if it were otherways, it would extreamly mar the freedom of Traffique and Commerce.

Anent Succession.

1. That where an Heretor of Lands and Baronies, or Country-Tennents dies leaving only Daughters, that the eldest should Succeed pro indiviso, and that Women shall Succeed as if they were Males after the same manner, but with this Provision, that it shall be leisum for the Father etiam in articulo mor­tis, to grant Bonds of Provision to other Daughters, not exceeding [...] Years Rent of his Land, and which shall affect the same, in so far as there is not sufficient Movables for doing thereof.

2. That in regard many die without making timely Provisions for their Children, it shall be leisum for any man who is not a Baron, having his Lands erected in a Barony, to Dispose of these Lands in favours of his Children etiam in articulo mortis.

Anent Heirs of all kinds.

1. That where an Estate is devolved upon an Heir by the death of his Predecessor, so that it is either his neglect and fault, or fraud that he does not Enter, especially since (in the mean time) he acts as Heretor, or Intromets with the Rents, at least might do the same; that therefore all Debts contra­cted, or De [...]eds done by him, shall affect the said Estate, as if he were actually Infeft therein.

2. That Liferenters shall only be lyable for Alimenting these Heirs who have no Competency left them, and descended of themselves or their Hus­bands; but no ways to be extended to Collateral Heirs, or these of Tailzie, not being descended as said is, who are to be repute tanquam extranei

3. That the immediat younger Brother Succeed to the elder, whether in Conquest or Heretage, and tho' of different Marriages, unless the said elder Brother have full Brethren and Sisters, in which case they are to be preferred to the Succession as before.

4. That where an Estate is devolved by the Death of a Predecessor upon the Apparent Heir, that he shall be personally lyable for the Predecessors Debt, unless he give an ample Renunciation to be Heir, and Record it either in the General Register, or of the Shire where he dwells; and that there be no more libelled against him, but that he has not recorded the Renunciation within the Year, to infer the Passive Titles against him: And by this the great and unnecessar Trouble given to all the Defuncts Creditors of raising and executing Charges to enter Heir, is cut off.

5. That it shall be leisum to any Creditor of a Defunct, to use summarly Ad­judication of his Estate and that instantly for payment of the Defunct his own Debt, without any further, but calling the Appearand Heir as Defender: And this will only be equivalent to the Confirming Executor-Creditor to him in his Movables.

Of Behaving as Heir and Lucrative Successor.

1. That in regard by the 24 Act, Sess. 5. of this current Parliament, Heirs are allowed to Enter cum beneficio inventarii, to be made up within the Year and Day of Deliberating; and in regard the said Act does not take under Considera [...]ion the cases of Apparent Heirs, who neither entered nor behaved as Heirs, prior to the date of the said Act: For remeed whereof, that it be yet Statute and Ordained, that where Heirs are unentered to the Estates devolved upon them, and to which they are Apparent Heirs, prior to the date of the said Act, that it shall be leisum for them yet to enter Heirs to their Predecessors cum beneficio inventarii, in the Terms of the said Act, and that within Year and Day after the Promulgation of the Act to be made here­anent.

2. That an Apparent Heirs receiving a Disposition from his Father or Pre­decessor to whom he is to Succeed, shall not infer an universal Passive Title, but make him only lyable pro valore; and if it be granted for an onerous Cause, such as in an Contract of Marriage or the like, it shal only be 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, Ʋt 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 [Page 10]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 als 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.