PROPOSALS, For Obviating the Frauds of Appearand Heirs. OUr Sovereign Lord Considering, the frequent Frauds and Disappointments, that Creditors do suffer upon the Decease of their Debtors, and through the Contrivances of appearand Heirs in their prejudice; For Remeid thereof, and also for Facilitating the Transmission of heritage, in favours of both Heirs and Creditors; His Majesty with Advice and Consent of the Estates of Parliament, STATUTES and ORDAINS, That if any man serve himself Heir not to his Immediate Predecessor, but to one remoter, as passing by his Father to his Goodsire, or the like; Then and in that Case, he shall be liable not only for the Debts and Deeds of the Person Interjected, to whom he might have been Served Heir, And who was in the Possession of the Lands and Estate to which he is Served for the space of _____ years, And that in so far as may extend to the value of the said Lands and Estate, and no farther: As also His Majesty with Advice & Consent foresaid, STATUTES & ORDAINS, That if any Appearand Heir for hereafter shall without being lawfully Served or Entered Heir, either possess his Predecessors Estate, or any part thereof, or shall purchase any right thereto: or to any legal Diligence or other Right affecting the same, whether Redeemable, or Irredeemable, otherways than when the said Estate is exposed to a lawful public Roup, and as the highest Offerer thereat, without any Collusion, his foresaid Possession or Purchase shall be repute a behaviour as Heir, and a sufficient passive Title, to make him represent his Predecessor universally, and to be liable for all his Debts and Deeds, siklike as if the said appearand Heir Possessing or Purchasing as said is, were lawfully Served and Entered Heir to his said Predecessor. And farther, His Majesty with Advice and Consent foresaid, STATUTES and ORDAINS, That for hereafter any appearand Heir shall have free liberty and access to Enter Heir to his Predecessors, Cum beneficio Inventarii, or upon Inventary, as the use is in Executories and Movables, Allowing still to the said appearand Heir, year and day to deliberat, In which time, he may make up the foresaid Inventary which he is to give up upon Oath full and particular, as to all Lands, Houses, Annualrents or other Heretable Rights whatsomever, to which the said appearand Heir may or pretends to Succeed, which Inventary to be Subscribed by him before Witnesses duly insert & designed, shall be given in to the Clerk of the Sheriff Court of the Shire, where the Defuncts Lands and heritage lie; Or incase the Defunct had no Lands or heritage requiring Season of the Shire, where the Defunct deceased; To which Inventary the Sheriff, or Sheriff-Deput with the Clerk of the Court, shall also Subscribe in Judgement, and Record the same in their Registers, and give Extracts thereof, for all which the up giver of the said Inventary, shall pay no more to the Court and Clerk thereof, on any account, than the ordinary Price of Extracts in that Court, for an Extract of the said Inventary, and this Inventary is to be given in Recorded, and Extracted as said is, within the said year and day to Deliberate, and thereafter the foresaid Extract thereof shall within forty days after the Expiration of the said year and day be again presented, and Registrat in the Books of Council and Session in a particular Register, to be appointed by the Clerk Register for that Effect; and the appearand Heir Entering by Inventary in manner foresaid, is hereby Declared to be only liable o his Predecessors Debts and Deeds, Secundum vices Inventarii, and in as far as the value of the heritage given up in Inventary will extend, and no farther; providing always, likeas it is hereby specially provided, that if the aforesaid appearand Heir shall have any Intromission with the Defuncts Heretable Estate, or any part thereof, otherways than necessary Intromission for Custody and Preservation before his giving in, Recording, and Extracting of the said Inventary in manner foresaid; or if he shall Fraudfully Omit any thing out of the said Inventary, that is, which yet he shall be found to have Intromitted with or Possessed, then and in either of these cases he shall lose the Benefit of the Inventary, and be Universally liable as if entered Heir without Inventary: And farther, that if any part of the said Heretable Estate shall be without Fraud Omitted to be given up by him, in the foresaid Inventary, and shall not in the mean time be affected by the Diligence of a lawful Creditor, he shall have Liberty so soon as he comes to the knowledge thereof, and within _____ days thereafter, to make an Eik of the same to the said Inventary, which Eik is to be made and Subscribed, given in and Recorded, in the same manner with the Principal Inventary . And lastly is ●s hereby Declared, that appearand Heirs, if they please may Enter without Inventary, as formerly in all Points, and that whether they Enter with or without Inventary, They are still to Enter by Service and Retour, or by Precepts of Clare constat in manner formerly accustomed. By Order of the Committee of Parliament, for Security of the Kingdom.