Page:Ruffhead - The Statutes at Large - vol 4.djvu/369

 A. D-i7<^7' Anno fexto Ann ^ Reginas. C. 26. 317 Court of Exchequer in Scotland, upon the Records of Trials at Bar, and of the Returns of Records of Nijt prills in cafe of Trials in the Countries, as are, have been, or may be ufed or praitifed in like Cafes in the Court of Exchequer in England; and the Barons of the faid Court of Exchequer in Scotland may and ihall proceed to give Judgment according to the Right of the Caufts, and to award Executions upon fuch fudgments, and to do and award all and every A6t, Matter, and>Thing touching and relating to any fuch I'rials, Judgments, or Executions, as by Law, or the Rules, Orders or Direftions of the Court of Ex- chef tier in Evgland-, or by the Laws or Statutes in England, or hath or have been or ought to be ufed in fuch or the like Cafes. VIL And it is hereby further enafled and declared by the Authority aforefaid, That the faid Bai'ons of ^'■<'"' '" <"■ oot the Court of Exchequer in Scotland, or any one or more of. them, either in Court or out of Court, fhall j/^ ""'I' " "''"^ . have full Pov^er and Authority to take all Manner of Recognizances and Securities for Debts, and that all iaxT^Jo%"ul, Obligations, Recognizances, Specialties, and other Securities for any the Revenues, Rents, Debts, Du- ties, Accounts, Profits, or other Things accruing, or which fhall or may become due or accrue to the Queen's Majefty, her Heiis or SucceiTors, within Scotland, or which {hall in any wife concern or relate thereto, or any the Officers, Minifters, or Accountants thereof, or for the fame, or which fhall be taken in or by Order of the faid Court of Exchequer in Scotland, or upon any other Account for the Ufe or Be- nefit of the Crown, or for fecuring any the Revenues, Debts, or Duties of the Crown, fhall be taken ia the Name of the Queen's Majefty, her Heirs and SuccefTors, and to be paid to the Queen's Majeily, her ■ Heirs and Succeflbrs, with other proper Words, and with and under fuch Conditions as fnall be fuitable to the Matter for which they fhall be taken, and fhall have the full Force and EfFeft of any Obligations, Recognizances, and Specialties, which have been or may be taken or acknowledged in the Court of Ex- chequer in England, according to the Purport, true Litent and Meaning of the Statute in that Behalf made in England in the three and thirtieth Year of the Reign of King Henry the Eighth, or any other Law 33 H. S. c. 39, or Statute, or any Pra>9:ice, Cuflom, or Ufage in the Court of Exchequer in ^wo-Zawi, or by Virtue of the Royal Prerogative ; and that all Suits and Profecutions upon any the faid Obligations, Recognizances, and Specialties, or for any Revenues, Debts, or Duties any Ways due or payable to the Queen's Ma- jefty, her Heirs and Succeflbrs, within Scotland,^ fhall be in the faid Court of Exchequer in Scotland, and her All Suits and Majefly, her Heirs and SuccefTors, fhall be preferred and have Preference in all Suits and Proceedings in Profccutions,&p, the faid Court of Exchequer in Scotland, according to the faid Statute of the three and thirtieth Year of jjl^'j^^j^" ^'^^ King Henry the Eighth, and according to the Ufage, Courfe, and Praftice of the Court of Exchequer in cou,J Ent^land, and {hall have and enjoy fuch and the fame Prerogatives, as well in and about Pleadings, and in all other Matters and Things, as by any the Laws in England, or Courfe o^ Exchequer in England, have been, are or ought to' be allowed ; and as well the Bodies, as the Lands and Tenements, Debts, Cre- idits, and Specialties, Goods, Chattels, and perfonal Eftate of all Debtors or Accountants to the Crown, -or their Debtors in Scotland, fhall be fubjecSl and liable, and {hall and may be made fubjedt and liable by •Extent, Inquifition and Seizures, or by any other Procefs, Ways, or Means, to the Payment of fuch Debts, Duties, or Revenues to the Crown, and in fuch and the fame Manner and Form, to all Intents and Purpofes as hath been, oris ufed in the Court of £^ffeyK^r in ^wg-Zi^^fs? in like Cafes. Vin. Provided neverthelefs, That no Debt or Duty from any the Debtors or Accountants to the Crown No Debt, &c. to in Scotland, fhall afFefl or fubjeft any real Eflate in Scotland, of any fuch Debtors or Accountants, to the tiie Crown in Payment or Satisfaftion of any fuch Debt or Duty, further or otherwife, or in any other Manner or Form Scotland to iL:.b- than fuch real Eftate may or ought to be fubje£t and liable by the Laws of Scotland, and that the Laws of ^^^(/"here^ Scotland fhall, in all fuch Cafes, and for all fuch Purpofes, hold Place and be obferved ; any thing in this „ herwife' than Aft contained to the contrary notwithftanding : And for all the Purpofes in this ASt mentioned, the by the Laws of faid Court of Exchequer in Scotland, and the Barons and other Officers thereof and therein, fhall have, Scotland. exercife, and put in Execution within Scotland, all and every the Pov/ers, Authorities, and Jurifdictions, B»'°"s> f^'=- w as to all Matters and Things whatfoever, arifing or happening, or which have or fliajl arife and happen gvs'^^hereby °° within Scotland, touching or concerning any the aforefaid Revenues or Duties of Cuftoms and Excife, and gr^ntel other Revenues, Debts, or Duties, Obligations, Securities, Judgments, or Specialties, or the Recovery of the fame, or of any other the PremifTes, which the Court of Exchequer in England, or the Barons or Of- ficers thereof, by virtue of the faid Statute made in Engla?id in the faid three and thirtieth Year of the- Reign of King Henry the Eighth, or of any other Statute made and in Force in England, or by the Con- -ititution, Courfe, or Praftice ufed in the Court of Exchequer in England, have or ought to have performed or put in Execution in ^w^/^W, as fully and amply to all Intents and Purpofes, as if the fame Powers, Authorities, and Jurifdidtion were in this A£t particularly exprefTed and thereby enafted ; yet fo neverthe- lefs, that nothing be done to make the real Eftate in Scotland of any Debtor or Accountant to the Crown there, fubjedi or liable to the Payment of any Debts or Duties to the Crown, farther or otherwife than they may or ought to-be by the Laws oi Scotland, according to the Purport of the Provifo laft herein before mentioned ; and the Barons of the faid Court of Exchequer in Scotland fhall and may zdc and do in refpeft to any the Parties in Law or Equity to any Adiion, Information, Suit, or Profecution in the faid Court of Exchequer in Scotland, in fuch Cafes, Sort, and Manner as by any the Laws or Statutes in England, or the Ufe and Praftice of the Court of Exchequer there, touching the awarding of Cofts, and ifruing Pro- cefs and Execution for the fame, hath or hav&ufed to be done. IX. And be it further enacSed by the Authority aforefaid. That the feveral Statutes in England of Jeofails, ^u statutes in and for AmendmentE, fliall extend to all fuch Aitions, Informations and Suits, to be brought in the Court ingland of yo- fails, &c. to ex- tend to all Ailions brought in Court of Exchequer in Scotland, &c,. of