Subject_1 ADJUDICATION and APPRISING. Subject_2 REDEMPTION of APPRISINGS and ADJUDICATIONS.
James Livingston v. L Bass.
Date: 29 November 1628 Case No. No 2.
An appriser may repair the houses, and, upon redemption, is entitled to reimbursement; but he ought to ascertain in an action, the state of them at the time of comprising, and get the warrant of a judge.
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In this pursuit, a compriser was found might bestow charges for entertaining of the house, and dwelling-place, being upon the comprised lands, for preserving of them in the same estate, wherein they were the time of his comprising; and also for entertaining the barns and byres, which were thereupon; as well which were upon the principal mains, as upon any other rooms, which were comprised; and albeit, the said rooms were possessed by the tenants, and had not been before laboured by the heritor; and that he might beit, and repair, the tenants houses, the necessary expences whereof, debursed by the compriser, the Lords found, ought to accresce to the reversion, and should be refunded to him, the time of the redemption of the lands from him; and, therefore, the Lords found, that this order ought to be taken in these, and the like cases, viz. That a precognition and action ought to be intended by the compriser, for trial taking of the estate, of the ground and houses thereon, principal dwelling-house, byres, barns, &c. wherein they were at the time of the comprising; and what the danger and prejudice is, that may result there-through, if they be not repaired; and if it be necessary and profitable to the heritor, from whom the lands were comprised, to repair the same, that after this trial taken, the Lords may interpone their authority, after they have tried, and found the reparation necessary and useful: After which sentence the compriser may deburse the expences, necessary to the said reparation, in these particulars, which has been so tried to be necessary, for beiting; which being beited and repaired, he may intent his action to hear and see it be tried, that he has bestowed such particular expences, condescended on, upon the said reparation; and that to the said reparation, the said debursings were necessary, and could, not be uttered without the same; and that these expences should accresce to the reversion; which expences, by trial and cognition, taken by the Lords, being found to be truly and necessarily debursed, their sentence is interposed thereto, ut supra.
Act. Hope.Alt. absens.Clerk Hay.
Fol. Dic. v. 1. p. 22. Durie, p. 402.
