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.
Isabel Mearns v. Rebecca Gibbon
Date: 10 August 1780 Case No. No 28.
Aliment not due by a father's representatives.
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Rebecca Gibbon, the widow of John Mearns, by a second marriage, was his universal disponee. Isabel Mearns, who was his only child, and born of the former marriage, pursued her for an aliment. The latter was then upwards of fifty years of age, a widow also, and had formerly received her portion from her father.
The Court appointed the pursuer to give in a condescendence of her age and circumstances; from which it appeared she was able to earn the means of subsistence by her labour. But, as they considered a claim for aliment, though competent against parents, or other very near relations, super jure naturæ, not to be transmissible against their representatives, by which it might be extended very far indeed; this appeared to be the ground upon which
The Lords ‘assoilzied from the claim of aliment.’
Act. Buchan-Hepburn.Alt. Hay.
Fol. Dic. v. 3. p. 22. Fac. Col. No 124. p. 229
