Page:Ruffhead - The Statutes at Large - vol 4.djvu/371

 A. D. I707'"' Anno fexto Ann^ Regmae. ^ C. 26. ' 319 Britain, or the Lords Commiflloners of_ the Treafury in Great Britain for the Time Bring r and that a!I and every fuch Perfon and Perfons, as is, or •. re, or {hall be appointed under the aforel'aid Seal, which by the Articles of Union is appointed to be kept in Scotland, to be the Auditor or Auditors of the faid Re- venues ofCuftoms or Excife, or other Crown Revenues or Duties whatfoever in Scotland, or any Part Auditore of the thereof, (hall take the fame, or like Oath, mutatis mutandis, for the due Execution of his or their Office Revenues to take orGiHces, before the Barons of the faid Court oi Exchequer in Scotland, as any Auditor of any ihe Crown Audit™ s^"*" "* Revenues in England hath or have ufed or ought to take ; and fuch Auditor or Auditors fl^all have the ta- Eng^i'anZ'" king and making up all the faid Accounts, which being fworn to by the refpeftivc Accountants as to the And haveth* Truth thereof, and allowed and declared by and before the faid Court oi Exchequer in Scotland, or before makingupof the the Chief Baron, or fome other of the Barons of the faid Court of Exchequer, the fame fhall be examined, Aecounts,. to;.- enter'd, and enrolled in the Offices of Remembrancer of the Queen's Majefty, her Heirs and Sacceffors ; and Particulars and Vouchers of fuch Account, contained in a Bag for that Purpofe, fliall be there left> and fuch Account fhall be alfo entred in the Office of Lord Treafurer's Remembrancer, in fuch and the like Manner as is and hath been ufed in the like Offices in England, and then (hall be delivered into the pipe Office in the Court of Exchequer in Scotland; and the Clerk of the Pipe or Chief Officer ir^ that Of- fice or his Deputy (in Cafe that Office fnall be executed by Deputy) fhall caufe the faid Accounts to be examined, and if found true, to be entred and inrolled in the faid Office, and (ball make and give a Quietus or Difcharge to the Accountant thereupon, which fhall be a Difcharge to and for fuch Account- ant as to all the Revenues, Duties, Matters, and Things therein, and thereby accounted for, paid, and anfwered ; and if any Supers or Arrears fhall be fet upon the Accountant, or any other Perfon or Per- fons Bodies Politick or Corporate, by or upon the faid Account, the Court oi Exchequer in Scotland ih?M award all proper and efFeftual Procefs to be made and iffued out of fuch one of the two Remembrancers Offices, as the Court fhall direft, for the fpeedy accounting for, levying and receiving of all fuch Supers and Arrears, and anfwering the fame to the Ufe of the Crown, in fuch Sort and Manner as in like Cafes may by Law be done, or hath been ufed, in the Court oi Exchequer in England. Xn. Provided always, and be it enafted by the Authority aforefaij. That it (halt and may be lawful Party tc any to and for any Perfon or Perfons, Bodies Politick or Corporate, Party or Parties to any Judgment which Judgment givw {hall be given in the faid Court oi Exchequer in Scotland, his, her, or their Heirs, Executors or Admini- '» ^'ourt of Es- ftrators, or fuch other Perfon or Perfons, Bodies Politick or Corporate, who fhall be Privy to, and af- brin""'w>i7of felted by fuch Judgment, and who by Law is or are entitled to bring and maintain a Writ or Writs of Error upon fucb Error thereupon, to fue and profecute out of the Court oi Chancery in England TiWut or Writs of Error, Judgment re- to be made in ufual Manner upon any fuch Judgment, returnable in the Parliament of G?r(?f i>r/to«, ';"n3t'le in Pae-- and fuch and the like Securities, Matters and Things, Way and Method of Proceedings, fhall and may ''^"■•'nvto, be had therein and thereupon, and relating thereunto, as have been, are, or may be ufed and praclifed upon, or concerning Writs of Error returnable in Parliament, upon any Judgment in ariy the Courts in England, and upon or relating to' the Affirming or Reverfal of fuch judgments, and the Proceedings thereupon in like Cafes ; and every Perfon or Perfons againft whom any Orders or Decrees in Eng- M Caufes fliall be made in the faid Court of Exchequer in Scotland, ftiall and may have and purfue fuch and the like Relief and Redrefs therein, as any Perfon or Perfons, againft whom any Orders Of Decrees in the Court of Exchequer in England have been or fhall be made, may have and purfue in like Cafes, _ XIIL Provided alfo. That the Lord High Treafurer of Great Britain for the Time being fhaH have l.ora Treaftrer and exerciie all fuch Powers, Authorities, and Jurifdi£tions, about or relating to any the Revenues or Du- '° ''^^^ tbefamr ties of Cuftom and Excife, and other the Crown Revenues, Duties, or Treafure within Scotland, and the {(.""he RevenuS getting in, paying, iffuing, and accounting for the fame, or any Part thereof, as fully and amply, to &c. of Scotland^ ajl Intents and Purpofes, as the Lord High Treafurer of Great Britain for the Time being,, by vir- as he hath reja*. tue of fuch his Office, hath, or may, or can have or exercife about or concerning any the Crown tmg to thofe of Revenues, Debts, or Duties in England; any Thing herein contained to the contrary in any wife not- ^"S'^* withftanding. XIV. Provided alfo, and be it enafted by the Authority aforefaid, That all and all Manner of Fines, How all Fines, Iffues, Amerciaments, forfeited Recognizances, or Penalties, and other Forfeitures, of what Nature or ^"'. *'• '^"^ . Kind foever, which fhall or may be fet, impofed by, or incurred, or become forfeited in the faid Court -aj/J" t^- Exchequer in Scotland, fhall be levied by the Authority and Procefs of the faid Court,, and paid and. an- fwered to the Ufe of her Majefty, her Heirs and Succefiorsy although the Perfons or their Lands or Te- nements, Goods, or Chattels, liable to the fame Fines, Iffues, Amerciaments, Penalties^ or Forfeitures be to remain in any Part of Scotland whatfoever. XV. Provided neverthelefs, Tllat in Cafe any Perfon or Perfons, Bodies Politick or Corpoxafe, his, Perftns mewing her, or their Heirs, Succeffors, Executors, or Adminiftrators, fliall alledge, plead, declare, or fliew in the good Caufein feid Court oi Exchequer in Scotland, good, perfeft, fufficient Caufe and Matter in Law, Reafon, or good <^<"«' '"Bar of Confcience, in Bar or Difcharge of any Fines, IiTues, Amerciaments, forfeited Recognizances, or any '"'''j^J^Yj f^^ ether Forfeitures, Debts, or Duties due or payable to the Crown, or why fuch Perfon or Perfons ought ^rown. Court ta. not to be charged or chargeable, to or with the iame, and the fame Caufe and Matter fo alledged, allow the famr,, pleaded, declared, or fhewed, fufficiently proved in the feid Court oi Exchequer in Scotland^ That then &o. ♦he faid CcHirt fhall have full Power and Authority to accept, adjudge, and ajlow the fame, and wholly %xA clearly to acquit and difcharge all and every the faid Perfons, which fliall be impiieaded. or fued'for the. feme, or to make and take any fitting and reafonable Compofition for the fame, as in the Judgments and Bifcretions of the Barons of the faid Court of Exchequer, upon hearing of the Attorney or Advocate Ge- Bexal, or other learned CouafeLof her Majefty^ b«f Heirs- ao4 Succefl«ts> fcail be fbuiid axid thought juftr ai}(i