[1661/1/304]¹

Act anent the redemption of lands from fiars

Our sovereign lord, considering that infeftments of fee have been in use to be and are daily granted by parents and others to their eldest sons and other near relations, reserving their own liferents and under reversion and with power to them and their assignees to redeem the lands and others contained in the said infeftments from the said persons to whom the fee is granted, at any time during the lifetime of the granters for payment of a rose noble or some such like sum, and sometimes through the informality and unskilfulness of notaries and others, writers of such writs and rights, mention is not made in the said reversions of the heirs and assignees of the receivers of the said rights, and that they should be redeemable from them and their foresaids; therefore, his majesty, with advice and consent of the estates of parliament, for removing and preventing all questions that have been or may arise upon the occasion foresaid, does declare, statute and ordain that in all cases where any infeftment of fee has been already granted, or shall be granted at any time hereafter, bearing or affected with a reversion clause, provision or condition of reversion, and power to any person and his assignees during his lifetime to redeem from the persons to whom the fee is granted, it was and shall be lawful to the said person and his assignees, during the time foresaid, to redeem the lands and others contained in the said fee infeftments, not only from the said fiar himself but from his heirs and assignees though they be not expressed, unless it be expressly provided that it shall be lawful only to redeem from the fiar himself and not from his heirs, and it is ordained that in all such cases the lords of session and other judges shall proceed and determine conforming to this act.