Page:Ruffhead - The Statutes at Large - vol 4.djvu/370

 31:8 C. 26. Anno fexto Ann^ Reginse. A. D. I'joji of Exchequer in Scotland, for the Recovery of any Debt, Duty or Revenue due to the Crown, as fully and amply, to all Intents andPurpofes, as they do or ought to extend to the Court of Exchequer in England^ or any Caufes or Proceedings therein in fuch or the like Cafes ; and that in the faid Court oi Exchequer in Foar Terms to Scotland, there {hall be kept and obferved four Terms in every Year, whereof one of them (hall be called •be kept every Martirunas Term, and Ihall yearly commence upon the third Day of November, and end on the twenty- '"■• ninth Day of November ; and another of them fhall be called by the Name of Candlemas Term, and (hall yearly commence upon the twenty-third Day of January, and end upon the twelfth Day of February ■ yearly ; and another of them (hall be called by the Name of Whltfuntide Term, and Oiall yearly commence upon the twenty-fifth Day oi May, and fhall end on the fifteenth Day of "June following ; and the fourth of them fhall be called by the Name of Lammas Term, and fhall yearly commence on the twentieth Day of July, and fhall end on the eighth Day of Augvjl following ; and if any of the faid Days on which any of the iaid Terms fhould begin or end, fhall happen to be a Sunday, then fuch Term refpedlively {ha.ll begin or ertd Our'mg wViitli the next Day following ; in and during which Terms the Barons of the faid Court fhall fit therein, arid Barons to hear hear and determine the Bufinefs, Caufes, Matters and Things depending, or which fhall, may, o(r ought Caufef^&c'"^ to be profecuted in the faid Court, either in Law or Ecjuity, or which fhall or may concern the Revenues, ' ■ Debts, Duties, Matters, or Things within the Jurifdidtion of the faid Court, and that either with or without any Adjournment to or for any Time or Place ; and that the faid Barons fhall and may order and And a^ipoint appoint the Days and Times for the Returns of Writs or Procefs iflliing out of, and returnable in tlfs Days and Times {"aid Court, and fet and impofe upon all fuch Sheriffs and other Officers and Perfons, Bodies Politick or for Returns of Corporate, to whom the Execution of fuch Writs or Procefs do or fliall appertain, fuch IfTues, Fines,J "'^' Amerciaments, and Penalties, as to the faid Court fliall feem fit and reafonable ; and the faid Barons in And take Bails, c^m-f^ or any of them Out of Court, fhall take Bails, Recognizances, and other Securities, Informations, Bills, Anfwers, and Affidavits, and take and declare Accounts, and do and execute all Matters and Things re- lating to the Bufinefs or Jurifdidlion of the faid Court, as fully to all Intents and Purpofes, as the Barons of the Exchequer in England, or any of them, have or do ufe in fuch or the like Cafes in or out of Court there!; AndholdPleain and the Barons of the Court of Exchequer in Scotland, are hereby alfo authorized and enabled to hold Pltfa Equity by %ag- in Equity by Englijl} Bill, Petition, or Suit to be brought or exhibited in the faid Court, by or againft the ii& Bill, &(^ Attorney or Advocate General of the Queen's Majefty, her Heirs and SuccelTors, on her or their Behalf, or for her or their Intereft, or by or againft any other Perfon or Perfons any Ways concerned in or abovit any the Revenues, Debts, or Duties before-mentioned, touching the faid Revenues, Debts, or Duties, for any Difcovery or Relief in Equity ; and in and upon fuch Bills, PetitionSj and Suits, the faid Court And award Pro- of Exchequer fhall and are hereby enabled to ilTue and award Procefs of Subpasna, or Di/irlngas, and all fdi tliereon. other ufual and proper Procefs for compelling the Parties Defendants to or in fuch Suits, to put in their Anfwers, and make their Defences to fuch Bills, Petitions, or Suits, and for the Parties to fuch Suits to proceed therein and thereupon, according to fuch Rules or Orders, and in fuch Manner and Form as the Court oi Exchequer in England hath ufed to proceed by ; and upon Iffues joined in any the faid Caufes or Suits in Equity, the Court of Exchequer in Scotland is to caufe Witnefles to be examined (if defired on ei;her Side) by Commiffions to be awarded for that Purpofe, or by fworn Examiners, and after Publi- cation of the Depofitions of the Witnefles, to proceed to the hearing of the faid Caufes, and upon the Proofs and Evidence therein or thereupon, or upon Bill and Anfwer where no WitnefTes fhall be examined And snake Or- or Proofs made, to make fuch Orders and Decrees either for the Relief of the Plaintiffs, or for direfling dtrsaod Decrees, ^j^y ^ffyg q^ Ifihes at Law to be tried for the Information of the Confcience of the Court, or for difmiflinig of the faid Plaintiff Bills, or otherwife, as to the faid Court fhall feem juft and reafonable, and as is or hath been ufed in the Court of Exchequer in England; fave only that all Iffues at Law direfled, as afdre- laid, for the Information of the Confcience of the Court, fhall be and are hereby ordered to be made up and proceeded upon in the faid Queen's Remembrancer's Office in Scotland, in fuch Manner as fuch Iffues Iffues are ufed to be made up and proceeded upon in the Office of Pleas in the Court of Exchequer in England; and the faid Court fhall award fuch Procefs for the inforcing any of the Parties to fuch Suits to perform and yield Obedience to fuch Orders or Decrees as fhall be made in the faid Caufes, and in cafe of Hon -performance thereof, or Difobedience thereunto, the faid Court fhall award all fuch Procefs of Cori- .tempt againft the Perfons and- Eftates of him, her^ of- them that fh'all be in ConterApt, or refiife Obe- dience to any the faid Orders or Decrees, as hath been ufed and praitifed in like Cafes, in or by the Court of Exchequer in England, and make and execute like Procefs,- Orders, and Proceedings thereupon, as are ufed in the Court of Exchequer in England^ in like Cafes. Barons to ertjoy^ X, And be it further enafted by the Authority aforefaid. That the Barons of the Couf t oi Exchequer in Scot- h 'Vs'^'™^ m/cq-' ^'^'"■^■> ^'^^ '•^ ^"'^ every the Officers and Members of the faid Court oi Exchequer fhall be entitled to, and have be^rsVhe Col- ^.nd enjoy fuch and the farrie Privileges and Immunities, as the Members of the College of Jtiftice have lege of Juftice, and cnjoy by the Lav/, Cuftom, and Praftice in Scotland.^ excepting only that they may be jntrfued ih &c. Juilice before the Lords of Seflion for Caufes not comjjetent to the Court of Exchequer. AH Officers of XL And be it further enafled by the Authority aforefaid. That all the Officers and' Perfons imployed the Revenurc in or to be imploysd in or about the coUefting, receiving, managing, paying, anfwering, or accounting Scotiai.d to be f^jj. ^ny the Revenues or Duties of Cuftoms or Excife, or other Crown Revenues, Debts, or Duties in ^in a a°no^f ^'^°tl"'>'^-> fl^''!' ^^ under and fubjeft to the Rules, Orders, Direftions, Authority, Power, and Jurifdi(Sfioii theCnur ofEx- of the fid Court of Exchequer in Scotland, in all Things totiehing the faid Revenues, Debts, Duties, or she^uer. Accounts, and touching the collecting, ordering, and Management th leof, jid the paying and anfwer- - ing the fame, a -id concerning any Securities to be given, or Oaths to be taken rdative thereto, which are not, or fhall not be contrary to, or inconfiitent with the Commands, Orders, and DireiSions in P'orce, of or from the Queen's Majefty, .her Heirs or Succeffors, or of or from the Lord High Treafurer of Great I Britain^