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much as possible these opposite interests, it is proposed, that the following articles be authorised by a statute. First, That the act of parliament 1685 be, repealed with respect to all, future operations. Second, That entails already made and completed, shall continue effectual to such substitutes as exist at the date of the act proposed, but shall not benefit any subftitute born after it. Third, That power be reserved to every proprietor, after the act. 1685 is at an end, to settle his estate upon what heirs he thinks proper, and to bar these heirs from altering the order of fucceflion; these powers being inherent in property at common law. .

At the fame time, the prohibiting entails will avail little, if truit-deeds be pers mitted in their utmost extent, as in Enga land. And therefore, in order to re-ea ftablish the law of nature with respect to land-property, a limitation of trust-deeds is necessary. My proposal is, That no trust-deed, directing or limiting the fucs cession of heirs to a land-estate, shall be effectual beyond the life of the heirs in existence at the time.

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Y a royal borough is in Scotland un

derstood, an incorporation that hold their lands of the crown, and are governed by magiftrates of their own naming. The administration of the annual revenues of a royal borough, termed the common good, is trusted to the magistrates'; but not without dcontrol. : It was originally subjected to the review of the Great Chamberlain; and accordingly the chap. 39. 45. of the Iter Camerarii, contains the following articles, recommended to the Chamberlain, to be enquired into. “ Giff there be an good assedation and

uptaking of the common good of the

burgh, and giff faithful compt be “ made thereof to the community of the

Burgh; and giff no compt is made, he " whom and in quhaes hands it is come, " and how it passes by the community.” In pursuance of these instructions, the

Chamberlain's

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Chamberlain's precept for holding the ayr, or circuit, is directed to the provost and bailies, enjoining them,

to call all those who have received any of the “ town's revenues, or used any

office within the burgh, since the last cham

berlain-ayr, to answer such things as “ shall be laid to their charge.", Iter Car mer. cap. I.

And in the third chapter, which contains the forms of the chambers lain-ayr, the first thing to be done after fencing the court, is, to call the bailies and serjeants to be challenged and accu fed from the time of the last ayr. er Herren

This office, dangerous by excess of power, being suppressed, the royal boroughs were left in a state of anarchy. There being now no check or control, the magistracy was coveted by noblemen and gentlemen in the neighbourhood; who, under the name of office-bearers, laid their hands on the revenues of the borough, and converted all to their own profit. This corruption was heavily complained of in the reign of James V.; and a remedy was provided by act 26. parl, 1535, enacting, ift, That none be qualified to be provost, bailie, or' alderman,

but

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but an indwelling burgess. 2dly,

That no inhabitant purchase lordship out of burgh, to the terror of his comburgess

es. And, 3dly, That all provofts, bai“ lies, and aldermen of boroughs, bring

yearly to the chequer at a day certain, the compt-books of their common

good, to be seen and considered by the “ Lords Auditors, giff the same be spend

ed for the common well of the burgh,

or not, under the penalty of losing their “ freedom. And that the faids provofts, “ bailie's, and aldermen, warn yearly, “ fifteen days before their coming to the

chequer, all those who are willing to come for examining the said accounts,

that they may impugn the fame, in oros

der that all murmur may cease in that

behalf.” And to enforce these regulations, a brieve was issued from the chancery, commanding the magistrates to present their accounts to the exchequer, and summoning the burgesses to appear and object to the fame.

A defect in this statute made it less effectual than it was intended to be. Magistrates, to avoid the penalty, brought the count-books of their common good

to

to the exchequer; but they brought no rental of the common good to found a charge against them. This defect was remedied by act 28. parl. 1693, containing the following preamble.“ That the royal

boroughs, by the maleadministration of their magistrates, have fallen under

great debts and burdens, to the dimu“ nition of their dignity, and the dis

abling of them to serve the crown and government as they ought; and that the care, oversight, and control of the

common good of boroughs, belong to “ their Majesties by virtue of their prero

gative-royal; therefore, for preventing “ the like abuses and misapplications in " all time thereafter, their Majesties sta

and ordain, That every burgh-royal shall, betwixt and the first of November

next, bring to the Lords of Treasury “ and Exchequer, an exact account of “ charge and discharge, subscribed by “ the magistrates and town-clerk, of their “ whole public-good and revenues, and “ of the whole debts and incumbrances " that affect the same.” This completed the remedy, by putting means into the hands of the Barons of Exchequer, to

control

tute

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