Page:Ruffhead - The Statutes at Large - vol 7.djvu/102

 ;8 C. 41. Anno vicefimo Georgii II. A. D. 1747; and where claimed, upon Pdymentofthe Debts, Zftates to be fold, where his flajeftyi liTchargi Claims within 12, Months. Eftates not to be Claims on Per- fonal Eftates, &c. to be made ■within 3 Months, of this Ai5l; and fuch Eftates and Interefts asfhall be (o entered in the faid Regirter, and to or upon which Claims fliall be entered, fliall in like Manner be deemed and taken to be veiled in his Majefty ; fubjecl only to fuch Burden, Diminution or Eviction as (hall arife from the Determination of the Claims that fliall be fo entered, and no otherwife. XX. And to the End that all and every the faid Eftates and Interefls herein before veftsd in his Majefty, may be difpofed of in the mofl: beneficial Manner, and the Produce and Value thereof applied for the Pay- ment and Satisfaction of fuch Claims out of the refpeftivc Eftates as fhall be decreed to be juft and lawful, and the Remainder for the Ufe of his Majefty, his Heirs and Succeflbrs ; Be it further enafled. That in cafe his Majefty, his Heirs or Succeflbrs, fhall not make effectual Provificn for the Payment or Satisfaction of all •ftiajeftyfliailnot f^£.h Debts and Claims within the Space of twelve Months after the fame fliall be refpeiSively adjudged, ' "^ "^^ then it Qiall be lawful for the faid Barons, or any three of them, and they are hereby required to fell, or caufe to be fold, fo much of the Eftates of the attainted Perfons, as they fhall judge neccflary to be fold for Satisfaftion of the Debts and Claims afFedting the fame, and apply the Money arifing by the Sale thereof refpedively, in Difcharge of the feveral Debts or Claims to which they fhall adjudged to be liable. XXI. Provided neverthelefs. That if his Majefty, his Heirs or SuccelTors fliall, after the Expiration of Majefty ftali fo ^^^ ^^''^ Time, make eff^ftual Provifion for the Payment or Satisfaftion of all the Debts or Claims upon any order, and make ^uch Eftate, and fliall, before the fame is fold, by Warrant or Warrants under his or their Sign Manual, at Payment of the any Time or Times diredl any fuch Eftates not to be fold ; then the faid Barons fliall not proceed in the Sale Claims, of any Eftates fo prohibited to be fold ; and in refpect of the Sale of the faid Eftates, or any Part thereof,. the faid Barons of the Exchequer are hereby authorized and required to proceed in fuch Manner and Form, and according to fuch Rules as the Barons of the Court of Exchequer in Scotland were direfled to obferve, i3Geo. I.e. a8. by an A£t made in the thirteenth Year of the Reign of his late Majefty, intituled, Jn Aii for Sale of fuch of the forfeited Eftates in that Part of Great Britain called Scotland, as remain unfold and are vefled in the Crown; and for determining fuch Claims on the faid Eflates as having been duly entered^ remain undetermined, XXII. And that no Perfon or Perfons whatfoever having any Eftate, Right, Title or Intereft in Law or Equity, in, to or out of any of the forfeited or forfeitable Eftates and PremiflTes, may be in any refpedl pre- judiced by this A(Et, Be it enaiSed by the Authority aforefaid. That all and every Perfon and Perfons what- foever, Bodies Politick and Corporate (other than and except all fuch forfeiting Perfons as aforefaid, and' the Heirs, Executors, Adminiftrators and Affigns of every of them, and all and every Perfon and Perfons • having or claiming any Thing in the Premifles, or any Part thereof, to the Ufe of or in Truft for any fuch- forfeiting Perfons, or their or any of their Heirs, Executors or Adminiftrators) having any Eftate, Right,. Title, Intereft, Ufe, Truft, Pofleffion, Reverfion, Remainder, Office, Annuity, Service, Rent, Debt,, Benefit, Charge or Incumbrance whatfoever in Law or Equity, in, to or out of, or upon any Caftles, Ho- nours, Manors, Mefluages, Lands, Tenements, Rents or Hereditaments whatfoever, or to any Real or-' Perfonal Eftate, or any other the Premifles whatfoever, herein before or otherwife vefted in his Majefty,. by or under any Settlement, Conveyance, Judi^ment, Statute, Recognizance, Extent or other Debt, Charge or Incumbrance, afFedting or which was binding on the forfeiting Perfons, and might have afFe£led the fame Eftate, before the refpiftive Days and Times whereon the fame was vefted in his Majefty as afore- faid, and alfo all and every Perfon and Perfons, Bodies Politick and Corporate, pretending to have Right or Title to any Eftate, which fliall have been feized or furveyed by the faid Barons for the Ufe of his Ma- jefty, and who fliall pretend that none of the Perfons attainted fince the twenty-fourth Day of June one- thoufand feven hundred and forty-five, and before the twenty-fourth Day of fune one thoufand feven hun- dred and forty-eight, for High Treafon, was feifed or poffefled of, or interefted in, or intitled unto fuch. Eftate in his, her or their own Right, or to his, her or their own Ufe, nor any other Perfon in Truft for them, or any of them, on the faid twenty-fourth Day of June one thoufand feven hundred and forty-five, or at any Time fince, or that they have Right or Title to fuch Eftate, fliall, within the Space of three Months, to be reckoned from and after the Date of the Entry that fliall be made in the Regifter Book in the Exchequer of any Perfonal Eftate, and in cafe of Real Eftates, within fix Alonths of the Entry of the Re- gifter, to be kept in the County or Stewartry where fiich Eftate lies, in A'lanner herein before direiSled, of the Eftate or Intereft in, to or out of which fuch Claims and Demands are to be made refpeiftively, enter all their refpeftive Claims and Demands before the Court of Seffion in ScstLmd, in fuch Manner as is herein after mentioned ; or in Default thereof every fuch Eftate, Right, Title, Intereft, Ufe, Pofleflion, Rever- fion, Remainder, Office, Annuity, Service, Rent, Debt, Charge or Incumbrance in, to out of or upon the faid Premifles, or any Part thereof, fh.ill be and is hereby declared to be null and void to all Intents and Purpofes whitfoever; and the Eftate or Eftates fo as aforefaid, liable unto or charged therewith, fhall from thence be freed, acquitted and difcharged of and iVom the fame ; and all fijch Claims and Demands of lu- fants fliall and may be made by their Fathers or Guardians, or any other Perfons in their Behalf; and all ben,ade-'"™ '° Claims of Femes Covert by their Huflsands or any other Perfons on their Behalf ; and all Claims of xVIad- ' men, Ideots or Lunaticks by fuch Perlon or Perfons, under whofe Care or Cuftody they arc or fliall be at where to be the Time of entering fuch Claims ; and that all fuch Claims fliall be made and tendered to the Court of 4ea.deicd,&c. Seifion ill Time of Seflinn, or to the Lord Ordinary on the Hills in Time of Vacance, written in Parch- ment, and figned by the Party or Parties making the fame, or fuch other Perfon or Per(bns on his, her or their Behalf as aforefaid, or figned by the Attornics or FaiSors of the Party or Parties having the Intereft claimed; and fuch Signing fliall be teftified by two or more credible Witneffes, who fli 11 i'ubfcribc their Names to atteft the (ame ; and every Claimant fliall therein particularly exprefs what Eftate, Right, Title, Intereft, Ufe, Pofteffion, Reverfion, Remainder, Office, Annuity, Service, Rent, Debt, Benefit, Charge or Incumbrance he or flie demand or claim in, to, out of or upon any Part of the Premiifes, by and under what Grant, Gift, Settlement, Conveyance, Security, Title or Incumbrance, he or fhe do claim the fame; and if fuch Party claimant hath, demands or claims any Eftate, Right, Title or Intereft in or to any Part of the Premifles, by virtue of any Incumbrance, for any Debt or Sum of Money whatfoever, fuch Party ihall and Clairtis on Real kftates, withtn 6 Months; Claims of Per- fons incapacira- led