Act concerning heritable and moveable bonds

Our sovereign lord, with advice and consent of his estates of parliament, for many just and reasonable causes moving him, statutes and ordains that all contracts and obligations for sums of money payable to parties at any time made and dated since 16 November 1641, or to be made in time coming, containing clauses for payment of annualrent and profit, are and shall be held and interpreted to be moveable bonds, except in those cases following, namely, that they bear an express obligement to infeft, or that they be conceived in favour of heirs and assignees secluding executors, in either of which cases ordains the sums to be heritable and to pertain to the heir, otherwise to be confirmed by the executor and to appertain to the nearest of kin and to the defunct's executors and legators, according to the law and practice of moveables, declaring always that all such bonds concerning finance shall remain in the same condition as they were before the said 16 November 1641, nor to fall under the compass of single escheats, nor shall any part thereof pertain to the widow by law of widowhood, where the bonds are made to the husband, nor to the husband by law of marriage where the bonds are made to the wife, unless the widow or husband have otherwise right and interest thereto, declaring nevertheless that this provision shall in no way prejudge a wife nor husband and their executors of their respective titles and interests to the bygone annualrents of the said bonds due before either of their deaths.

  1. NAS. PA2/27, f.2v.