Tuesday the Fifteenth of April, 1656. AT THE COUNCIL AT . ORdered by his Highness the Lord Protector and the Council, That for the Relief of Debtors, who are willing to satisfy their just Debts, and for the moderating of the rigour of comprisings, and the severity of proceed by Creditors against Debtors in Scotland; Every Debtor of Scotland who shall give in a List of his just Debts by himself, Tutor, or Curator, to the Commissioners for Administration of justice to the People in Scotland, and shall make Oath before them that he is not able to satisfy the same either by Money or other personal Estate, and shall declare that he hath Lands, 〈…〉 Estate, and that he is willing that so much of his Lands, Tithes, or other real Estate shall be set out and allotted, as by indifferent persons to be appointed by the said Commissioners for Administration of justice, for valuation of Lands, Tithes, or other real Estate in every County upon Oath shall be found sufficient to satisfy every Creditor his just Debt, Principal, Interest, together with necessary charges and expenses, as the same shall be allowed by the said Commissioners, and according to the priority of diligence of the respective Creditors; And shall likewise declare, that according to the appointment of the said Commissioners, he will legally convey and assure the said Lands, Tithes, or other real Estate, so to be set out and allotted unto his respective Creditors, as aforesaid. That in such cases, and to such persons, (as well Principals as Cautioners respectively) the said Commissioners are hereby empowered to grant Suspensions for a convenient time, not exceeding One year, after the Date hereof, and to do all things requisite to the putting the Premises into effectual execution. Provided always, that every such Debtor, Principal or Cautioner shall do and execute all things requisite for the perfecting the Premises at his or their charges and expenses respectively, and that the Lands, Tithes, or other real Estate thus to be conveyed, shall be completely settled within One full year next after the granting of the said Suspension; otherwise, all benefit claimed, or intended by these Presents, shall be null and void to the said person, or persons, as if the same had never been granted; unless the said Commissioners for Administration of justice shall find, that such failer hath not been occasioned directly, or indirectly, by the Debtors. Provided also, that these Presents shall not be of force to stay any Execution of any of the said Creditors against the personal or movable Estate of any of the said Debtors, wheresoever it can be found at any time before the perfect conveyance and settlement of the Lands, Tithes, or other real Estate, as aforesaid; nor shall it hinder any whose Principal Debts amount not to above the sum of One thousand Marks Scots money, to have liberty to proceed to execution against the Person of the said Debtor, Principal or Cautioner, as well as against his or their personal or movable Estate, or at their election to have the benefit of these Presents, and to come in with other Creditors. It is also hereby Declared and Ordered, That all comprisings that have been laid and deduced against any Debtors since the First of May, 1652. shall be satisfied as other Debts, out of the Debtors Lands, Tithes, or other real Estate, as aforesaid, aswell for the Principal Sums and Interest, as necessary Expenses bestowed by the Compryser in the deducing the Comprysing, and obtaining Infeftments of the Superiors; and being thus satisfied, the said Comprysing shall be ipso facto void and null. Provided always, where the Lands, Tithes, or other real Estate of the Debtor, Principal, and Cautioner is not sufficient to pay all his Creditors, that then the said Lands, Tithes, or other real Estate shall be equally divided, pro ratâ portione, between all the said Creditors, allowing only to such of them who have the Prior Diligence, their said Proportion respectively, in such place as they shall require it, and the necessary charges they have been at in obtaining the said Diligences; Excepting out of these Presents all comprisings, whereof the Legals are expired before the Date hereof; And also all comprisings which have been laid and deduced before the First of May, 1652. and all final Transactions and Agreements made betwixt Creditors and Debtors, and all Rights given upon any such Transaction and Agreement. It is also hereby Declared, That the Lands, Tithes, or other real Estates of the Debtor, which are nearest the usual dwelling of the Creditor, and which lie contiguous in the Lowlands; or in case he have none, or not sufficient in the Lowlands, than such of his Lands, Tithes, or other real Estate as lie nearest to the Lowlands, shall be first set out and conveyed, as aforesaid; unless the Creditor shall desire to have the same in the Highlands. Provided also, That no Debtor who shall not seek the benefit of these Presents within one year after the Date hereof, shall ever thereafter be admitted to the same. Ordered by his Highness the Lord Protector and the Council, That the Council in Scotland do cause this Matter to be published by Proclamation in Scotland. W. JESSOP, Cl. of the Council. Thursday the 22. of Ma●. 1656. At his Highness' Council in EDINBURGH, ORdered, That his Highness, and the Councils Order, of the 15. of April, 1656 for the Relief of Debtors who are willing to satisfy their just Debts, and for the moderating the Rigour of comprisings, and the severity of Proceed by Creditors against Debtors in Scotland, be forthwith Proclaimed and Printed. EMANUEL DOWNING, Cl. of the Council. EDINBURGH, Printed by Christopher Higgins, in Harts-Close, over against the Trone-Church 1656