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Vitious Intromitters Act 1696

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Vitious Intromitters Act 1696

1696 c. 20

Act anent vitious Intromitters

Modifications etc. (not altering text)

C1Short title “The Vitious Intromitters Act 1696” given by Statute Law Revision (Scotland) Act 1964 (c. 80)

C2This Act is listed in 12mo edition as 1696 c. 20

Our Soveraign Lord considering that many times the nearest of kin and others doth Intromit with the moveables of persons deceist without Confirmation and imbazles the saids moveables in defraud of lawfull Creditors and when they come to be pursued at the instance of any of the Creditors for being lyable to the defuncts debt as vitious intromitters they ordinarly defend themselves with this pretence that there is ane Executor Creditor confirmed befor the intenting of the action Wheras a third party Confirming Executor Creditor in a particular subject ought not to free the intromitter from the passive title of vitious intromissions when the intromitter has no right from the Executor Creditor Therfor for obviating such frauds in time comeing His Majestie with advice and consent of the Estates of Parliament Statutes Ordaines and Declares that the nearest of kin and others intromitters with the moveables of any defunct who are not Executors confirmed to them nor hath right from the Executor Creditor befor his intromission are and shall be lyable as vitious intromitters notwithstanding that there is a third party Confirmed Executor in a particular debt or subject

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