Page:Ruffhead - The Statutes at Large - vol 7.djvu/100

 56 C. 41. Anno vicefimo Georgii II. A; D. I 747. The Goods to tc foM by Auc- tion. Entry to be made of the Goods, -and the Perfons to whom ibid. Buyers to have Certificates: On Payment the Goods to be delivered. Buyers not ma- king Payment, to forfeit one third, and the Goods to be fet tip again. Perfons entering upon forfeited OEftates, after 25 June 1746. not paying the Profits, to forfeit double. On their Dif- very, to be difcharged. ■Committing Spoil, to pay Treble Damages. Stewards to be appointed. "•The Jfinlflers, &'c. Money and Land Tax to be ^ji.l. SiewiirJs Siilary Stewi'rJ to take the Oaths; and to give Se- (utity. . whom delivered to the faid Barons, or any Perfons by them appointed to receive the fame; and fhall alio caufe a juft Appraifement thereof to be made, upon the Oaths of any two Perfons, to be appointed by the faid Barons, or any tliree or more of them, for that Piirpofc (which Oath the faid Barons, or any three or more of them, have hereby Power to adminiller); and the faid Barons, or any three or more of them, are hereby authorized and required to fell all and fnigular fuch Goods and Chatties fo inventoried and appraifed, according to their belt Skill and Judgment; and for that Purpofe fhall caufe publick Notice to be given by the Space of ten Days, at leafl, of the Time and where they intend to begin to expofe to Sale any Part or Parcel thereof, and of the feveral Particulars then and there to be fold, at which Time they fhall fell the fame by Cant or Auftion, to fuch Perfon or Perfons who fhall bid moft for the fame; and immediately up- on every fuch Sale or Contract, flrall caufe an Entry to be made in their Book, of all and every the Perfonal Goods and Chatties fo fold or contraiTled for, and of the Buyers Names and Places of Abode, and the Prices agreed upon; and for the further Affurance thereof to the Buyers, the faid Barons, or any three or more of them, fliall give a Certificate under their Hands and Seals, unto the Buyers refpeftively, exprefhng the Par- ticulars fo by them bought, the Prices and Time of Sale; and every fuch Buyer fhall thereupon pay the faid Prices unto the faid Receiver General, at fuch Time or Times, as fliali bs agreed upon with the faid Barons, for the Ufe of his Majefly; and the faid Barons, or any three or more of them, being fatisfied with the Payment thereof, fhali forthwith order the Particulars fo bought and paid for, to be delivered to the Buyer or Buyers, his, her or their Afh^ns; and in cafe any Perfon or Perfons who fhall have contracted for any fuch Perfonal Goods or Chatties as aforefaid, fhall make any Default in Payment of the Monies con- tracted for, he, fhe or they fliall forfeit one third of the Sum which the faid Goods were contrafted for; and the faid Barons, or any three or more of them, may and fhall proceed to a new Sale of all and every fuch Perfonal Goods and Chatties, for which fuch Default fhall be made, unto any other Perfon or Perfons, as if no Sale thereof had before been made. XI. And be it enafted. That all and every Perfon and Perfons, who fince the twenty- fifth Day of June one thoufand feven hundred and forty-fix, have entered into or upon any of the faid forfeited Eitates, or any Part thereof, and held and enjoyed the fame without any lawful Title thereunto, fhall be refponfible for all and every the Profits of the fame Premilles, during the Time of his, her or their Occupation thereof, and fhall anfwer and pay the Value thereof unto the faid Receiver General, at fuch Days or Times as Ih^ll be appointed by the faid Barons, or any three or more of them, or in Default thereof fliall forfeit double the Value of the fame Profits by him, her or them received, for the Ufe of his Majefly. XII. Provided neverthelefs, if any fuch Perfon or Perfons fhall, on or before the firfl Day of Dc.e'rhir one thoufand feven hundred and forty-feven, difcover to the faid Barons fuch Lands, Tenements or Here- ditaments fo by them enjoyed (the fame being concealed till the Time of fuch Difcovery)?.ll and etery fuch Perfon and Perfons are hereby declared to be dii'charged of and from any Account of the Pr rns thereof received or had before the faid firfl: Day oi December : And whereas it is lilcely, that fince the fan. twenty- fifth Day of y/i«f, the Occupiers of leveral of the faid forfeited or forfeitable Eftates and Intereils, nnJ other the PremifTcs or others, may have prefumed to commit great Spoil, Wafte and Deftruction upon the fame Eftates, by cutting down great Quantities of Timber-trees and other Trees, Woods, Groves and Coppices, and otherwife; Be it further enadred. That every fuch Occupier and all and every other Perfon and Perfons, who fince the faid twenty-fifth Day of y?/?.'^ have committed, or at any Time before the Sale or Sales of fuch Premifl'es, to be made in purfuance of this A£t, fhall commit any fuch Spoil, Wafte or Deftruftion, fhall pay Treble Damages for the fame, to be afcertained by the faid Barons in a futnmary Way; and for the fpeedy levying thereof to his Majefty's Ufe, the like Execution fhall iiiue forth as in cafe of a Debt due to his Majefty. ture, and until Sale thereof as aforefaid, be effectually levied and paid into the faid Exchcuuer; Be it fur- ther enadled by the Authority aforefaid. That it fhall and may be lawful to and for the faid Barons, or any three or more of them, by and with the Approbation of the faid Commilhoners of the Treafury, or of the High Treafurer for the time being, to appoint Stewards, Receivers, Bailiffs or Factors on the faid forfeited Eftates, with full Power to lett and fet the faid Eftates for any 'l^erm not exceeding three Years, and to re- 1 ceive the Rents and Profits, and to grant Dii'charges and Acquittances thereof, and to hold Courts and pals Decrees for Payment of Rents, and to put the faid Decrees in Execution, and to do all A(5ts, Matters and Things neceflary for managing the laid Eftates ufually done by Stewards, Receivers, Bailiffs or Fatftors, on the faid refpedtive Eftates, according to the Laws in Scothind, and particularly to pay yearly out of the fud Rents, the Stipends or Salaries of INiinilfers and Schoolmafters, and the Cefs or Land Tax that fhall by Law be payable out of hjch Eftates; the Pay or Salaries of which Stewards, Receivers, Bnilifts or Fac- tors, fhall not exceed the tenth Part of the yearly Value of the Rents and Profits of the fo) felted Eftates, • for the Management of which they fhall be rel'peCtivcly appointed. XIV. Provided alvv'ays. That all and every Steward, Receiver, Bailiff or Fa(5tor to be fo appointed, be- fore he enter on the Execution of his Office, or be capable to perform any Part thereof, fhall be apprt)ved of as aforefaid, and fliall take the Oaths appointed to be taken by the faid Act of the firft Year of his late Majefty, and fhall give Bond to the King's Majefty for a Sum not lefs than 'Wo Years Rent of fuch Eftate or Eftates as he fliall be appointed Steward, Receiver, Bailiff"" or Factor over, with fuincient Srcuiity for the Payment thereof, in cafe he fliall fail to pay to the faid Receiver Gi ncral at fuch Days and Times as he , fliall be thereto required by the Precept of the faid Baions, or any three or more of them, all and ewry Sum or Sums by him received out of the Eftate or Eftates on which he fliall he appointed Steward, Recei- I ver. Bailiff or Faitor, and to account for all fuch Sums as fhall remain due and payable in the Hands of the Tenants or Poffeffors at the Time of his accoiniting, by producing Evidence that he ha>h ufcd all due and lawful Means and Diligence for recovering of all luch Sums fo remaing due and payable; and ail and ^v,-ry Stewari,
 * XIII. And to the end that all and every the Rents, Iflues, and Profits of the faid Eftates mny for the fu-