Page:Ruffhead - The Statutes at Large - vol 7.djvu/103

 A. D. 1747* Anno vicelimo Georgii II. C. 41. 59 ■{hal! alfo in his Claim fet forth fuch Incumbrance, and the Dates and Contents thereof, and the WitnefTes thereto ; and if the fame be recorded, when and where the fame was entered on Record, and whether fuch. Debt and Sum of Money was and is really due, and remains wholly unpaid and unfatisfied, and what Part and how much thereof has been really and truly fatisfied, by Money paid. Perception of Profits, or by any ■ other Ways or Means whatfoever ; and every fuch Claim fhall be tranfcribed by Order of the faid Court, cbi* fo He and entered in Books to be provided and fairly kept by them for that Purpofe ; and the faid Court of Seffion regiiieied. is hereby impowered and required to proceed in a fummary Way, without abiding the Courfe of any Roll, Court to procsc* as well out of as in Term Time, to hear and determine all fuch Claims ; and every fuch Decree of the '" a fummjry Court of Seffion fhall be final, and binding upon all Parties concerned, in cafe thirty Days, on any o^^^J^^'^^l"' which fuch Proceedings as are ufual and competent by the Laws of Scotland, for reverfing or amending fuch culmf. Decrees, fhall elapfe without fuch Proceedings being had, made or commenced fay either Party. XXIII. And to the end that due Care maybe taken of the Intercft of his Majefty in refpedl: of fuch' The King's Claims as ftall be offered as aforefaid. It is hereby further enaifted, That the King's Advocate, or fn his I^'s'^ '"."*" Abfence his Majefty 's Solicitor General in Scotland, fhall, and they are hereby impowered and required to^ Ad,o„ J o'/ti,^ provide for making proper Anfvvers and Defences On Behalf of his Majefty, to all fuch Claims as fhall be Solicitor q^^. of^i:red as aforefaid, and for reverfing, aiSrming or amending the Decrees that fhall be pafTed upon fuch ral. Claims as they fhall fee Caufe. XXIV. And be it further enafted. That the Court of Seflion fhall, and they are hereby impowered and' Court taproceed required, in a lummary Way, and without the Formality of Proceedings in the Courts of Law or Equity, '"» '""™™ary. to proceed by and upon the Teftimony of Witneffes upon Oath, Examination of Perfons claiming or ^J''"" ^fj""'" otherwife interefted, upon their Oaths, Infpeftion and Examination of Deeds, Writings and Records, or neffes" &c. by all or any of the faid Ways and Means, or otherwife, according to the Circumftances of the Cafe, as foon as conveniently may be, to hear and determine and adjudge all and every Claim and Claims which fhall be entered within the Times aforefaid ; and that every Party claiming fhall, if required by the faid Claimants to ai^- Court, or by or on Behalf of his Majefly's Advocate, upon Oath anfwer to the Truth of his or her Claim, ™" "'"'" °^ and to fuch proper Interrogatories as the Court or Council for his Majefty fhall think fitting for the clearing thereof ; and upon Oath, produce before the faid Court at their hearing fuch Claim, all fuch Deeds, and to produce Writings and Evidences as are in his Cuflody or Power, any ways concerning the faid Claim or the fubjeft" ^ Deeds, &c. Matter thereof. XXV. And be it further enadled by the Authority aforefaid. That where the Claim fo to be determined' as aforefaid to be jufl and lawful, fhall contain a Demand of any Sum or Sums of Money, any wife af- fecting any of the faid forfeited Eftates ; then, and in fuch Cafe the faid Barons of the Exchequer, or any Certificates to J;hree of chem, fhall and are hereby expi-efly impowered and required to ifTue out Debentures or Certificates be given for to Claimants, for the refpeftive Sum or Sums which fhall be determined to be due and payable to them fe- Sums decreed; verally by the Decrees of the faid Court of Seffion ; which Debentures or Certificates, with legal Interefl, •» be paid with fhall be paid in the firfl Place without any Deduftion, Fee or Reward, by the faid Receiver General, out '"'"<='•■• of fuch Rents and Profits as fhall be paid into his Elands from the lefpeftive Eftates upon which the faid Claims are allowed. XXVI. Provided always. That no fuch Decree in Favour of any Claimant, or Debenture or Certificate No Decrees, &c. to be iffued thereupon, fhall be made for any Sum or Sums on account of Penalties for Failure of Payment "bemijetor at the; Day it became due, or for any other Penalties whatfoever. count oTpTnaU XXVII. And be it further enafted. That where the faid Claim fhall contain a Demand of any Honours, ties for Non"pay<. Caftles, Manors, Lands, Tenements, Rents, Services, Rents-charge, Hereditaments or other Real Eflate ment. whatfoever, or any Intereft therein, and fhall be adjudged, determined or decreed as abovefaid to be juft and legal; then, and in that Cafe, the faid Court of Seffion are hereby authorized to order the Sheriff^ or On Clams af- SherifFs, or the proper OiKcer or Officers of and in the refpeitive Counties and Stewartries where the fame ^™«'J. '''<= fhall lie, to caule PofTeffion to be delivered to fuch Claimant or Claimants, his, her or' their Hsirs, Execu- put'l^toPoffef^ tors, Adminiftrators or SuccefTors, or to whom they or any of them fhall appoint; and all and every fuch don. Claimant or Claimants, his, her or their Heirs, Executors, Adminiftrators or Succeflbrs, fhall hold and enjoy the fame or fuch Eflate and Intereft therein refpeclively, as fhall be adjudged, determined, or decreed as aforefaid. XXVIII. And to the End that Juftice may be rendered to the feveral Claimants on the faid forfeited Eftates or Interefts, according to tiie Priority or legal Preference of their Rights and Diligences ; Be it fur- Court to a-^Judga ther enafted. That it fhall and may be lawful for the Court of Seffion, upon the Application of his Ma- thelega) P ete- jefly's Advocate, or of any Claimant whofe Claim fhall be affirmed on any of the faid forfeited Eftates and ^ence of Claim- Interefts, to rank and determine the Order of Preference of the feveral Creditors and Claimants on the re- ' fpeftive Eftates and Interefts ; and the Judgment to be given by the Court of Seffion upon fuch Applica- tion, fhall be of the fame Force and Effect, as if the feveral Creditors or Claimants who fhall be fo ranked, had been fummoned for that Purpofe, ip the ufual Manner, in a Procefs of Ranking. ' XXIX. And whereas during the Dependence of fuch Ranking, or before the final Decifion of all the ' Claims on any of the faid forfeited Eftates, it may be juft and reai'onable that the growing Rents and ' Profits of the faid Eftates, or fome Part thereof, fhould be paid over to fome or other of the preferable ^"""■t"' "'a'=6 Cr^itors or Claimants thereon ;' Be it therefore enailed by the Authority aforefaid. That it fliall and may ^"^" ^°'^!'^' I lawful to the faid Court of Seffion, when they fhall fee Caufe, to make Interloquitors, finding any Cre-'s,™? ' ,-, r^ • r T^ n • • ^ 1 n n r n jv , «i 11 i r • r 1 - /- 1 'SamS Ipecilied !tor or Claimant upon luch Eitate, intitled to any Sum or bums or Money that fhall be ipecihed m fuch in the intetlo- Interloquitors, and recommending to the Barons of the Exchequer, to caufe the fame to be paid; and upon quitors.&c. Production of fuch Interloquitor, or an Extract thereof, by the Party obtaining the fame, to the faid Ba- rons of Exchequer, or any three of them, they are hereby impowered and required, as foon as conveniently may be, to make an Order upda the Receiver General, or upon the B.ailifF, Faiftor or Steiyard of the Eftate I z ia be