Page:Ruffhead - The Statutes at Large - vol 7.djvu/106

 62 C. 43* Anno vicefimo G E o R G 1 1 IT. A. D. 1747. Compcnfaiioii to VI. And be it fufther enaifted by the Authority aforefnid, That reafonable and juft Ccmpcnfation and IiR made for Juf- SatisfaiflioB fhall be made out of the next Aids to be granted in Parliament, for and in refpecl of every ticiaiies, «.•(. ^^^j^ JulHciary, Regality, Sheriffship, Deputy SherifFship, Stcvvartry, Conftabulary and Baillierie hereby d^tiiawsy. ^^^^[^ away and diffolved, or refumed and annexed to the Crown, to all and every rerfon and Perfons re- fpeftively, who fhall appear to be lawfully pofTeiled of any fuch Jufticiary, Regality, Sheriffship, Deputy Sheriffship, Stev/artry, Conftabulary or Baillierie, and to every Clerk thereof, who was on the elcvcn'-ii Day of November one thoufand feven hundred and forty-fix, lawfully pofleffed for Life of his Clerkfliip, in cafe fuch Office fhall be neceffarily extinguifhed in Confequence of this AiSf. - Claims, &c. to yjj^ ;^„(j be it further enadled by the Authority aforefaid, That all and every Perfon and Perfons law- ^^^'jj^'^'^^^^::" fully poffefled of any fuch Jufticiary, Regality, Sheriffship, Deputy Sheriff:.hip, Stewartry, Conftabulary 31 ov. 1747, ggjiijgi-ie Qj. Q]ej-i{-fhjp^ fliall, on or before the eleventh Day of November in the Year of our Lord ony thoufand feven hundred and forty-feven, make and enter bis, her and their Claim or Claims thereto rcfpec- and to be given tively in the Court pf Seffion in iSfs/Zfl^^/ ; and all fuch Claims, with the Titles or Vouchers produced in with the Vouch- Support thereof, fhall be given out in the ufual Manner to his Majefty's Advocate for Scot/and, or his De- "^"^j ^'"^^puty, or to his Majefty's Solicitor General there, who are hereby authorized and required to appear on ^ '^^ ' ' Behalf of his Majefty, to defend or objeiSt againft all or any fuch Claim or Claims, as they fhall find Caufc Courttoexamine to oppofe, either in refpeft of the Validity of the Claimant's Title to the Jurifdiftinn therein let forth, or the Titles in a of the Value or Price thereof; and the faid Court of Seftion fliall, in a fummary Way, examine the feveral fummary Way, and refpeftive Titles to the fame ; and in cafe they Ihall find any fuch Perfon or Perfons to have been fo and adjudge the lawfully poffeffed as aforefaid of any fuch Jufticiary, Regality, Sheriffship, Deputy Sheriffship, Stewartry, makcclrt'ificates Conftabulary, Baillierie or Clerk&ip, then the faid Court fhall, with all poffible Difpatch, confider and to his Majefty declare their Opinion, touching the Value or Price thereof, and ihall Caufe all fuch Opinions to be en- 3n Council; tered in a Roll or Book to be kept for that Purpofe, and make Certificate or Certificates thereof to his Ma- Copies to be laid jgfly^ his Heirs or Succeffors, in his or their Privy Council ; Copies of which fhall be laid forthwith be- mll7 ^"'"' ^°''^ ^°^^ Houfes of Parliament. ™^" ■ . VIII. And be it further enafted by the Authority aforefaid. That the Court of Seffion (hall be, and is the'v'catiV" hereby authorized and impowered to meet and proceed on all fuch Claims as fhall be exhibited purfuant to Seffion ; and the faid Court of Seffion is hereby required to fit for the Purpofes aforefaid, during the whole Month of March next after the faid eleventh Day of November in the fame Manner as durin» the Seffion Time, unlefs they fliall fooner have difcufled the Matters and Things, and made the Certificates hereby diredted. Court to order IX. And it is hereby further enaSed, That the faid Court of Seffion, for the better Difcovery of the the Produffion Truth in the Enquiries and Determinations hereby directed to be made, fhall and may, and they are here- of Fapers, ^^y authorized and impowered to order and compel the Produczion of all Books, Papers and ^Vritings, ia any wife relating to any of the Matters or Things, which they are hereby impowered to examine into, de- termine or declare their Opinions upon, and to examine any Perfon or Perfons, either Parties or Witneffes, upon Oath, concerning the fame, and alfo concerning any Books, Papers and Writings relating to any fuch Matters or Things, either in general, or by particular Defcription. Where Here- X. Provided always. That in all Cafes where any fuch Heretable Jufticiary, Regality, Sheriffship, De- . table Junflic-^ P"ty Sheriffship, Stewartry, Conftabulary or Baillierie, fhall be fubjecT: to any ftritSt Tailzie, affeiftcd with cumt>anced that irritant and refolutive or prohibitive Claufes, or fo fettled, limited, mortgaged or incumbered, that the 'they cannot be PolTeffor thereof cannot difpone or alien the fame, cither gratuitoufly, or for an onerous Caufe, the Sum or ailened.thcCourt Sums of Money to be allowed for or in refpeft of the Value or Price thereof, fhall, by the Order and Di- toordertheSum i-eccion of the faid Court of Seffion, be laid out and invefted in the Purchafe of Lands, Tenements, or He- ^'^"^'1 Purchafe ■'■Ctages, within that Part of Great Britain called Scotland; which faid Lands, Tenements or Heretages fhall out in t of Lands, &c. be difponed and fettled to the fame Ufes, and under the fame Limitations and Reftriiifit)ns, for the Benefit of fuch Perfon and Perfons, and in the fame Courfe of Succeffion, and fubjeft to the fame Mortgages and Incumbrances or to or upon which fuch Heretable Jufticiary, Regality, Sheriftship, Deputy Sheriffship, Stewartry, Conftabulary or Baillierie, was fettled, or ought to have gone or ftood fubjedl unto. Where Ertates XI. Provided alfo, That in fuch Cafes as aforefaid, and where the entaik'd Eftate is fubject to, or affefted Debt's'^lf the^^^ ^^''•'^' a^Y D^bts of the Maker of the Entail, or other Debts that are effectual to charge the Eft.ite not Maiterofthe being contraiflcd by the prefent Fiar Or Propi ietor thereof, it {hall and m;iy be lawful to apply the Money Entail, the Mo- to be allowed for or in refpeft of the Juriklictions hereby abrogated, that were attendant on fuch Tailzied riey to beapijlied Eftate, for paying oft' or clearing fuch Eftate of the Debts of the ^Iaker of the Entail, or other Debts af- " P'ly'i'EoS'thefg^^jfjg thj fame, as aforefaiJ, and that tli; Rcfidue only (if any fuch ihall be, after the Payment of thofe .ame, Debts) be laid out-in the I'urchafe of other Lands or Heretages in Manner above-mentioned. XII. And it is hereby further ena£led by the Authority aforefaid^ That it ihall and may bi lawful to and, for any Perfon or Perfons having any Eftate, Right, Title or Intereft in or unto anv fuch Jufticiary, Rega- lity, Sheriftship, Deputy Sheriffship, Stewartry, Conltabulary or Baillierie, either in Poffcftion or ExpcOfaticy, and to and for any Heir of Tailzie, or any Subltitutc in any fuch Tailzie, where the iam", or any of them,' fhall be ftriftiy entailed as aforefaid, or to or for any Guardian, Tutor, Curator or Truitee, on Behalf of any Inf^int or Minor, Ideot, Lunatick, or fatuous or furious Perfon, having any fuch Eftate, Right, Title or Intereft, or being fuch Heir of Tailzie or Subftitute as aforefaid, or for an/ Mortgagee or Incumbrancer, to inake and enter his or her Claim thereto in Manner before directed, and alfo to exhibit or prefent a Pc- Court to bepc- tition ro the faid Court of Seflion, praying the Direiiions of that Court for laying out or inverting any Tuch titioned tor lay- g^,^^ ^j. 3L,m-3 of Mtniey in the Purchafe of Lands, Tenements or Heretages as aforefaid, or for plsc'ug out ^ngou ■ the famfe upon any good Security, until fuch Purchafe ihall be found; and the laid Court of Seffion are' hereby aisthorized and required to proceed upon every ftich Petition in a fummary Way, and to-irrake fuch Order, and give fuch Diicdions thereupon, as fliall be agresabb to Jufticc, and the Nature of the Ca(e ; 4 and
 * S;5, ' this A(S, in the Times of Vacation, and upon Monday^ as well as upon other Days, during the Time of