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.
Hamilton Younger of Blair v. his Grand-father
Date: 7 July 1629 Case No. No 16.
A grand-father, liferenter by reservation was found not obliged to aliment his grand son.
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The oye pursuing the goodsir and his mother for his intertainment, by some modification out of the living which was possessed by them: it was found, That the goodsir having before given to the pursuer's father, his own son, a great part of the living, and reserving but a portion to himself to live upon; a part of which living so demitted by the goodsir, being yet possessed by the son's wife, the pursuer's mother, albeit the son had sold or wadset the rest thereof, and thereby had left but a small part behind him un-annailzied; yet that the goodsir was not holden by law, to give any further part to the pursuer for his entertainment, although the said pursuer had nothing whereupon to live, being a young man eitheir major, or near majority, but he might pursue his mother as he pleased.
