[1685/4/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of his estates of parliament, statutes and declares that it shall be lawful to his majesty's subjects to tailzie their lands and estates and to substitute heirs in their tailzies with such provisions and conditions as they shall think fit, and to affect the said tailzies with irritant and resolutive clauses, whereby it shall not be lawful to the heirs of tailzie to sell, transfer or convey the said lands or any part thereof or contract debt or do any other deed whereby the same may be apprised, adjudged or evicted from the others substituted in the tailzie or the succession frustrated or interrupted, declaring all such deeds to be in themselves null and void, and that the next heir of tailzie may immediately, upon the contravention, pursue actions of declarator and serve himself heir to he who died last infeft in the seat and was not in contravention, without necessity in any way to represent the contravener; it is always declared that such tailzies shall only be allowed in which the foresaid irritant and resolutive clauses are inserted in the procuratories of resignation, charters, precepts and instruments of sasine, and the original tailzie, once produced before the lords of session judicially, who are hereby ordained to interpose their authority thereto, and that a record be made in a particular register book to be kept for that effect, wherein shall be recorded the names of the maker of the tailzie and of the heirs of tailzie, and the general designations of the lordships and baronies and the provisions and conditions contained in the tailzie, with the foresaid irritant and resolutive clauses subjoined thereto, to remain in the said register in perpetual memory, and for which record there shall be paid to the clerk of register and his deputes the same dues as are paid for the registration of sasines, and which provisions and irritant clauses shall be repeated in all the subsequent conveyances of the said tailzied estate to any of the heirs of tailzie, and being so inserted, his majesty, with advice and consent foresaid, declares the same to be real and effectual, not only against the contraveners and their heirs but also against their creditors, comprisers, assignees and other singular successors whomsoever, whether by legal or conventional titles. It is always hereby declared that if the said provisions and irritant clauses shall not be repeated in the rights and conveyances whereby any of the heirs of tailzie shall bruik or enjoy the tailzied estate, the said omission shall import a contravention of the irritant and resolutive clauses against the person and his heirs, who shall omit to insert the same, whereby the said estate shall ipso facto fall, come down to and be devolved to the next heir of tailzie, but shall not militate against creditors and other singular successors who shall happen to have contracted in good faith with the persons who stood infeft in the said estate without the said irritant and resolutive clauses in the body of his right. And it is further declared that nothing in this act shall prejudge his majesty as to confiscations or other fines as the punishment of crimes, or his majesty or any other lawful superior of the casualties of superiority which may arise to them out of the tailzied estate, but which fines and casualties shall import no contravention of the irritant clause.