Page:Ruffhead - The Statutes at Large - vol 7.djvu/101

 A. D. 1747- Anno vicefimo Georgii II. G. 41?-' 57 Steward, Receiver, Bailiff or FasSlor, ihall be fully acquitted and difcharged by the faid Exchequer, upon. - . his paying and accounting as aforefaid. i. a n. ' XV. And be it further enacted. That all and every Scqueftration, Sufpenfion, Arreftment and other Act SsqueftratJons of and Decree made and palled in any Court of Judicature fmce the firfl: Day ol Aiigujl one thoufand feven the forfeited hundred and forty-five, or which (hall hereafter be made or paffed, otherwife than according to the Direc- Eftates made tions of this prefent Aft, whereby any Right, Title, Charge or Intereft in, to, out of or upon any of the " "''" "' faid forfeited Eftates, hath been or fliall be decided and determined in Favour of any Creditor or Perfons claiming Intereli therein, or whereby any Perfon or Perfons have been orfhall be intitled to poflefs any Part of the faid Eltates, Real orPerfonal, or to levy, receive or difcharge any Part of the Rents and Pro- fits of the liime by any fuch Decrees or Sentences, or without any lawful Title, are hereby declared to be void, null and of no Eiiect, as if the fame had never been made or paffed. to be nuIF. ' XV[. And whereas feveral Perfons in Poffeffion of the Meffuages, Lands, Tenements and Heredita- i ments which Ihall have been found by the faid Barons to be forfeited and veiled in his Majefty by virtue '"of this Aft, or who have received the Rents and Profits of the fame fince the twenty-fifth Day o^June ' one thoufand feven hundred and forty-fix, or are otherwife indebted to his Majefly by virtue of this Aft, ' may refufe or negleft to pay the fame unto the faid Receiver General, according to the Dire-Stion of this ' Adl;' Be it therefore enaded by the Authority aforefaid. That the faid Barons, or any three or more of Perfons who them, {hall and they are hereby impowered and re(|uired to call to account all and every Perfon or Perfons, hive taken Pof- their Heirs, Executors, Adminiftrators and Succeffors, who by virtue of any Sequcftration or other Decree, JJ^Jj^V^^^^'^^ made and paffed by any Court of Judicature fince the firft Day oi Augujl_ one thoufand feven hundred and fince i Aug. forty-five, or by virtue of any other Right or Title, hath taken or retained, or {hall take or retain Poffef- 1745, to account, fion of any Part of the faid forfeited Eftates, Real or Perfonal, or have levied or^difcharged, or who fhall levy, receive or difcharge any Part of the faid Rents, Iffues or Profits of the faid Eftates (not herein before excepted) which have become due fince the twenty-fixth Day of June one thoufand feven hundred and foriy-fix, for his or their Poffeffion or Intromiffions with the fame, or who have incurred or {hall iacur any Penalty or Penalties, or are otherwife indebted to his Majefty by virtue of this Act, and upon his, her or their Appearance or Negle<S):, or Refufal thereof, after being thereto duly required by Precept as aforefaid, the faid B:rons, or any three or more of them, {hall, and they are hereby impowered and required in a fummary Way, without the Formalities of Proceedings in the Courts of Law or Equity, to enquire and Barons to pro- inform themfelves, by and upon the Teftimony of Witneffes upon Oath, Examination of Perfons intereft- ceedin a fum- ed, upon their Oaths Infpeflion and Examination of Deeds, Writings, Accounts and Records, or by all ™^y '^^y» *-^« or any of the faid Ways and Means, or otherwife, according to their Dire£i:ions, as foon as conveniently may be, to ftate and fettle the Sums due and payable by every fuch Perfon or Perfons for or on account of their faid Intromiffions, Debts, Penalties or Forfeitures aforefaid, and to direcl their Precepts, ordering and to dlreft them, their Heirs, Executors, Adminii1:rators and Succeffors, to make Payment of the Money appearing to tlie'r Precepts he due thereupon unto the faid Receiver General, and to deliver up to the faid Barons, or any three or more ^°'^ Payment of of them, or their Order, all fuch forfeited Goods and Chatties as have been or fhall be intromitted with ' ° ""^ ' and poffeffed by them, at fuch Days and Times, as by the faid Barons, or any three or more of them, and for dsliver- ihall be limited and appointed by their faid Precepts; and in cafe of Negleft or Refufal to comply with '"P'P i^he for- the faid Precepts, the faid Barons, or any three or more of them, are hereby authorized and impowered to ^■"'l Goods, order fiich Proceedings to be had thereupon, as if the Contents of fuch Precepts had been duly found by Inquifuion taken and returned into the faid Court of Exchequer. XVII. And to the end that all and every the faid Eftates and Interefts hereby, or otherwife vefted in his JVIajefty, whereof the faid Barons of Exchequer fliall upon Enquiry make Difcovery, and feize or recover the Poffeffion, may be duly publiihed, fo as all Perfons having Intereft may have Notice thereof, in fuch Manner as they may enter their Claims upon the fame, in the Manner herein after provided; Be it enadled by the Authority aforefaid. That the faid Barons of Exchequer {hall caufe the Regifter, or Books herein ap- Regifterofthc pointed to be kept, of the Names of all Perfons attainted of High Treafon within the Times aforefaid, forfeited Eftates and of all Real and Perfonal Eftates and Interefts by this Adt, or otherv-fife, vefted in his Majefty, or an '° ^ ''^'"^' authentick Copy or Duplicate of fuch Books, to be kopt by a proper Officer, who fhall make the fame open and patent to the Infpedfion of all Perfons who{liall demand the fame, betwixt the Hours of ten and twelve in the Forenoon, upon any lawful Day, without any Fee or Reward; and in the faid Books fhall be expreffed the Dates when the Entries of the feveral Eftates Real or Perfonal that {hall be there ingrofled, "V/herc made; and the faid Barons, or any three or more of them, {hall alfo tranfmit to the faid Comrniffio- Copy of the Re- ners of his Majeftv'a Treafury, or the High Treafurer oi Great Britain for the time being, an authentick ^^^" '° ^<^ •Copy of the faid Regifter or Books. ■/ tlTTTef/"^ '" XVIII And it is hereby further enacted, That when any Real or Heretable Eftate fhall be entered in the ^"^ ,'^" ""^'^^ faid Regifter, the faid Barons fiiall, from time to time, within the Space of one Month after fuch Entry, ^"p'."^^'s °fthe tranfmit or caufe to be tranfmitted, an authentick Copy or Duplicate of every fuch Entry to the Sheriff of fen/to^t'l^',. |u _ the Shire or Steward of the Stewartry, within which the Lands or other Fleretable or Real Eftate are fitu- riff, ated i and every fuch Sheriff" or Steward fhall and is hereby required, within twelve Days after he {hall le- sheiifFto she ceive fuch Duplicate or Copy, to caufe the fame to be publifhed at the Market Crofs of the Head Burgh of Notice, the Shire or Stewartry, and to caufe to be inferted in a Book to be provided and kept for that Purpofe by the Clerk to fuch Sheriffs or Stewarts Courts; all which Books fhall be made open and patent to any Per- fons demanding Infpcction of the fame, upoii any lawful Day between the Hours of ten and twelve in the Forenoon, without Fee or Reward. XIX. -And be it further enafted. That all and every the Eftates and Interefts which {hall be entered in the Eftates to veft in Regifter, to be kept by the faid Barons of the Exchequer, according to the Directions of this Aft, to or 'isMijefty, upon which no Claim {hall be entered within the Time, and in the Manner herein after prefcribed, {hall be " '"f u •Claims deemed and taken againft all Perfons, and to all Intents and Purpofes, to be vefted in his Majefty in virtue ^'^'^ '^"'^f'^i Vol. VII. I of