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passed, or to the said heritable bond, and all action competent thereupon; and that it shall endure until payment be made of the said principal sum, interest thereof, and penalties respectively incurred. AND I CONSENT to the REGISTRATION hereof, &c. for preservation.

4. Summons of Mails and Duties, at the instance of an Heritable Creditor.

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GEORGE, &C. WHEREAS it is humbly meant and shown to Us, by our LOVITE B, THAT A, by his heritable bond, dated bound and obliged himself, his heirs, executors and successors, to pay to the pursuer, his heirs or assignees, the sum of L.4000 Sterling, and that at and against the term of with L.800 Sterling of liquidate penalty, in case of failure, and the due and ordinary interest of the said principal sum, from the date of the said bond to the said term of payment, and yearly and termly thereafter, at two terms in the year, Whitsunday and Martinmas, by equal portions, beginning the first term's payment thereof at the term of Whitsunday then next, for the period from the date of the said bond to the said term of payment, and the next payment thereof at Martinmas thereafter, for the half year preceding that term, and so forth, yearly and termly,. during the not-payment. of the said principal

sum, with L.20 money foresaid of liquidate expenses for each term's failure in payment of the said interest: AND for the said A and his foresaids, their further security, the said B bound and obliged himself and his foresaids, to infeft and seise the said B and his foresaids, heritably, but redeemable always in manner specified in the said heritable bond, NOT ONLY in an annualrent of L. 200 Sterling, or such other annualrent as shall by law for the time correspond to the foresaid principal sum of L. 4000 Sterling yearly, to be uplifted and taken at the terms before specified, forth of ALL and WHOLE (Here describe the lands)-or forth of any part or portion thereof, readiest rents and duties of the same; BUT ALSO in all and whole the foresaid lands and others themselves, in real security of the foresaid principal sum, annualrent due thereon, liquidate penalty, and termly failures before specified; which heritable bond contains assignation to the rents, mails and duties, writs and evidents, precept of sasine, and sundry other clauses; In vir tue of which heritable bond and precept of sasine therein contained, the said B was infeft and seised, NOT ONLY in the foresaid annualrent, upliftable as aforesaid, but also in the said lands and others themselves, in security as above mentioned, conform to instrument of sasine in his favour, dated and recorded

: AND TRUE IT IS, that the

foresaid principal sum, interest due thereon from the term of and liquidate penalty and termly failures before specified, are all resting owing, and unpaid; THAT the foresaid lands are possessed by C and D, tenants therein, for payment of the rents after speci fied, viz.-(Here express the rents payable by the tenants)-AND THAT the pursuer, as having right to the rents of the said lands, in virtue of the heritable bond above mentioned, and assignation to the rents and duties of the said lands therein contained, and also in virtue of his infeftment following thereon, has often DESIRED and REQUIRED the said C and D to make payment to him of the rents at present due by them for their said farms, or which may hereafter become due by them, at least of as much thereof as will satisfy and pay the foresaid principal sum, interest due thereon, and li quidate penalty and termly failures before specified, yet they refuse, or at least delay, so to do. THEREFORE the said C and D OUGHT and SHOULD be DECERNED and ORDAINED, by decree of the Lords of our Council and Session, to make payment to the pursuer of the rents, mails and duties of their several possessions, at present resting and owing by them, each for his own part, as follows, viz.-(Here express the rents as due by the tenants respectively)and of the rents, mails and duties of their respective possessions, for all years to

come during their possessions, and the not. redemption of the said lands and others, the terms of payment thereof being always first come and bygone; at least of as much of the said rents as will satisfy and pay the said prin cipal sum, interest due thereupon, liquidate penalty, and termly failures before mentioned: AND FURTHER, the said A, proprietor, and the said C and D, tenants of the said lands, oUGHT and SHOULD be DECERNED and ORDAINED, by decree foresaid, to make payment to the pursuer of the sum of L.

Sterling, or of any

sum which our said Lords may modify as the expense of the process, besides the expense of extracting the decree to follow thereon, after the form and tenor of the said heritable bond and instrument of sasine following hereon, and conform to the laws and daily practice of Scotland, used and observed in the like cases in all points. OUR WILL IS HEREFORE, and we charge. you, that on sight hereof ye pass, and, in our name and authority, lawfully summon, warn, and charge the said A, C, and D, personally, or at their respective dwellings, upon one diet of 27 days, to COMPEAR before our said Lords of Council and Session, AT EDINBURGH, or where they may happen to be for the time, day of in the hour of cause,

the

with continuation of days, TO ANSWER at the instance of the pursuer, in the matter libelled; THAT IS TO SAY, to hear and see the premises

verified and proved, and decree and sentence pronounced by our said Lords, conform to the conclusions before written, in all points; or else to allege a reasonable cause in the contrary, with certification to them as effeirs. Ac as ye shall answer to us, thereupon; which to do we commit to you, conjunctly and severally, by these our letters, delivering them by you, duly executed and indorsed, again to the bearer. Signet AT EDINBURGH, the

CORDING TO JUSTICE,

in the

GIVEN under our day of

year of our reign, 18

Signed by a Writer to the Signet.

I proceed now to the 3d branch of the bur dens affecting heritage, in which I am to give the Forms of the Lease.

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