Abbildungen der Seite
PDF

SIR,

Perih, 7.1:1. 8. Abfract of the art 100 620. III. c. 51. fo L Aving observed a letter froin Perth,

encouraging the improvement of lauds i 11 inserted in your paper of the 4th in Scotland held under settlements of fri ftant, wherein the conduct of the Provost entail. [xxxii. 327.] is very imperfectly represented (xxxiv. 692.], I think, that, in justice to him,

[From the Appendix to Erskine's Institute of 1 the situation he was then in Mould be

would be law of Scotland, just published.] known.

IT is enacted, That proprietors of er After the riot-act was read, the Pro- Itailed estates in Scotland, may gran post was left to guard the prison with leases, for any number of years not e fome of the military, several of whom ceeding thirty-one, or for fourteen year were wounded with stones thrown by and one existing lite, or for two existin the mob, and he himself received a blow lives; provided that in leases for tw with a stone. Had he ordered the inili. lives the tenant be taken bound to inclo tary to fire on the rioters, he forclaw, one third of the lands in ten years, ti that many of them, and many innocent thirds in twenty, and the whole in this people whom curi fity had drawn thi. ty years; and in leafes for any terma 1her, would have been killed; and that years exceeding nineteen, to inclofe -»1 he and some of the foldiers might pro- third of the lands before the expiratio bably share the same fate, from the en- of one third of such term, two thin raged desperate multitude. Had he with: before the expiration of two thirds, a' drain, and dilinilled the military: the the whole before the expiration of t1 rioters, after breaking open the prifon- term of such lease; no inclosure con doors, would have let at liberty, not prehending more than forty acres, unit only their two associates, but also the the lands be improper for culture by ti other prisoners. Thus he was forced to plough; and the fences to be kept al chuse one of two difagrecable alterna. left in good repair by the tenant. tives: Either to releafe the two rioters, 2. Proprietors of entailed estates mo and thus fecure the rest of the prifoners ; grant building-leases for any number or give orders to fire upon the mob : in years not exceeding ninety-nine; prov which care it was uncertain but that they ded that a lease of no more than five might prorail, and after all make the cres be granted to one person, and th rescue. Prudence and humanity dictated the lease contain a condition, That the firit, as the least of the tiro uvils. shall be void if one dwelling houte He therefore releafed the two rioters, fe- least, not under the value of iol, be n. cured the prison, and thus dispersed the built on each half-acre within ten yea mob. It muli be noticed that at this from the date of the leale, and if all t! time there was only a small number of houtes built be not kept in tenantab foidiers in town after they were all col repair. lected together.

3. Provided, That no lease be gran, A method of marking jeep, communicated to the

ed of the manor-place, with the office focicty of Arts, by a gentleman of Monmouth.

gardens, and adjacent inclosures, th · Dire; who obferves, that the infs of wool occa

" have been usually in the natural potri · fioned by pitch-marking, computed at 100,00ot.

of the proprietor; and that building lei a year, would by this method be saved.

ses be pot granted of any lands with DUT as much lintjeed-oil to a pound of 33

- 320 yards of the manor-place. I printers ink, as will, when we worked.

4. Provided, That no lease be gran soyeher, sender it about the fame degree of cd

s ed tül the former lease be determine thickgels as houfe-painters generally mix their or, if

their or, if for a term certain, be within a ye paint, bulsather thicker than other wire. When of being determined; - that the reuti the shecp are thorn, make a larve Roman lete the new leate be not under that in a ter over i he middle of the theep's back with a former; and that no fiac or gradum! Itubborn boy's bristle half-inch bruth, and rub taken by the granter, the ink well in by using the bruth both ways S. Enacted, That every proprietor Teveral times, to as to work the colour quite an entailed estate, who lays out mom through the wool to the skin of the thecpi in inclofing, planting, or draining, on and turn them out. If it he in dry weather, erecting farm-houses, and offices for th the better: bui wet will poi ellice the letters. fame, Thall be a creditor to the succee

Make the mark over the shep's back, bes ins heirs of entail for three fourths of t! caule thev are apt to fub their des og honey su laid out. trces, rocks, &c.

6. Provide

6. Provided, Imo, That the claim a- ceffors of that heir in any other estate, gainst the fucceeding heir shall not ex- or the heir of entail succeeding to him, ceed four years free rent of the entailed and use all kinds of diligence for recoeftate as at the first term of Whitsunday very, except adjudication against the enafter the death of the heir who expended tailed estate; and shall be intitled to a the money.

preference upon the rents of the entailed 7. 241, That notice of the intended estate to the personal creditors of the heir improvements be made in writing, three in poffeffion; and in like manner they months at least before they are begun, may fue every succeeding heir of entail, to the next heir after the heirs of the and with the same preference. proprietor's body; or if that heir be not 14. Provided, the heir first fucceeding within Great Britain or Ireland, to his to him who expended in improvements, neareft relation by the father, or to his and the fucceffors of that heir, ihall be factor or attorney; and a copy of the bound to relieve all subsequent heirs of potice lodged with the sheriff or steward fucb part of the debt incurred by imckrk of the county where the lands lie. provement of the entailed estate, as shall

8. gris, That annnally, within four be paid by them, to the extent of one months after Martinmas, an account of third of the rents, which have come to the fums expended during the year pre- the use of the first succeeding heir, or of ading that term, with the vouchers, be his heirs or executors; and when that is lodged with the heriff of steward clerk, exhausted, then the next succeeding heir,

9. 401, That when a fum equal to four and his fucceffors, fhall be bound to reyears free rent shall have been expended, lieve all subsequent heirs, to the extent and shall remain a subfifting charge a- of one third of the rents which have gainst the fucceeding heirs, -it shall not come to their use ; and the same relief be lawful for the subfequent heirs to fhall be competent to every succeeding exoxnd any more under the authority of heir against the fucceffors of the preceding. this act.

15. Provided, That the successors of 10. Enacted, That the sheriff or stew. an heir of entail in any other than the ard clerks fall record the said accounts, entailed estate, fued on account of imFouchers, and copies of notice, and either provements, thall be discharged, upon Dake the record patent, or give extracts making payment of one third of the when desired.

rents of the entailed estate which have II Enacted, That the executors or come to the use of that heir or his fucaffigns of the beir who expended the mo- cellors. ney in improvements, may, after one 16. Enacted, That the person having year from his death, demand payment a claim on account of improvements, from the succeeding heir, with intereft fall be obliged, within two years after from the term when that heir's right to the death of him who made the improvethe rents commenced ; and in case of ments, to demand payment from the non-payment, fue him before the court succeeding heir; and in cafe of non-payof feffion; and on obtaining decree, usement within fix months after the elapfe all diligence for recovering payment, ex- of said two years, to institute an action cepi adjudication against the entailed e- in the court of reslion, and proceed, withftate improved; and in all questions of out delay, to recover decree, and do competition for the rents of the entailed exact diligence for making payment efeftate, thofe in the right of this claim fectual: and if he fail, or allow the sucshall be preferred to the other creditors ceeding heir to die without recovering of the heir in pofTellion.

to the amount at least of one third of the 12. Provided, That the heir in por. rents that may have become due to that Iction shall be discharged upon his effec- heir, then, though he may fue the heir's tually conveying to the creditor in the successors in any other than the entailed fums laid out in improvements, one third estate to that ainount, he shall have no of the clear rents of the entailed eltate claim against the subsequent succeeding during his life, or till the money fo due heir of entail, except for the surplus. Inail thereby be paid off.

57. Enacted, That if the heir first suc13. Enacted, That if the money due ceeding to him who made the improvefor improvements be not recovered from ments, shall not live long enough to be the heir immediately succeeding, those indemnified of what he has paid on that in the right of it may luc cither the suc- account, by one third of the rents that

thall

[ocr errors]
[ocr errors][subsumed]
[ocr errors]
[ocr errors]
« ZurückWeiter »