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.
Finnie v. Oliphant
Date: 22 February 1631 Case No. No 17.
The mother liferenting the whole heritage, liable to aliment the heir, but not entitled to the custody of him while a pupil.
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A tutor, by the law and practice of the realm, will get the mother compelled to deliver the pupil to him; as also will get a modification from her of reasonable maintenance to the heir, in case the mother be infeft in liferent of all his heritage, albeit he have no ward-lands but burgage. (See Tutor and Pupil.)
Fol. Dic. v. 1. p. 30. Auchinleck, MS. (Tutor.) p. 204.
