Subject_1 ALIMENT. Subject_2 Of the act 1491, cap. 25. anent alimenting of Heirs. Subject_3 Import of the Act:
It is ordained, that where any lands happen to fall in ward to the King, or any baron of the realm, spiritual or temporal, or lands given in conjunct fee or liferent, as well as to burgh as to land, that the sheriff of the shire or bailies shall take surety of the person or persons, that gets or has such wards, that they shall not waste or destroy their biggings, orchards, woods, stanks, parks, meadows, or dovecots, but that they hold them in such kind as they are in the time that they receive the same; they taking their reasonable sustentation, or using, in needful things, without destruction or wasting thereof. “And an reasonable living to be given to the sustentation of the air, after the quantitie of the heritage, gif the said air has na blanche ferme, nor feu ferme land, to susteine him on, alsweil of the ward lands, that fallis to our Soveraine Lordis hands, as onie uther barronne, spiritual or temporal.”
Scots Acts, v. 1. p. 158.
Whytfood v. Calderwood
1619. Case No. No 6.
An heir found entitled to aliment from wardatars and liferenters, although he had lands of his own at his father's death, afterwards comprised for his father's debts.
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Found, That the heir ought to have modification against the wardatars and liferenters, albeit he have lands and rents of his own, the time of his father's decease, because sincesyne comprysed for his father's debt; and there it was replied, that the comprising, was led by the tutor upon his own charges; it was found that he might lawfully so do, because it was for his own debt, the pupil having other tutors.
Fol. Dic. v. 1. p. 29. Hope, (De Heredibus et Hereditatibus) v. 2. folio 130.
