Page:Ruffhead - The Statutes at Large - vol 7.djvu/107

 A. D. 1747. Anno vicefimo Georgii II. C 43. 63 and in the mean Time, until fuch Order and Directions {hall be made and given as aforefaid, all and every which is to [)= Sum and Sums of Money, which (hall be affeiTed or allowed for the Value of any fuch Jufticiary, Regality, ||'|'j|.'hcc.-urt SherifFship, Deputy Sheriffship, Stewartry, Conftabulary or Baillierie, belonging to any fuch Infant, Mi- ,-iai[ make"or. nor Ideot, Lunatick, fatuous or furious Perfon, or fubjecl to fuch llri6l Tailzie, or fo fettled limited, mort- der. ga£,ed or incumbered, fhall be paid unto, and remain in either of the Banks of Scotland; and from and af- ter'^ fuch Order made, or Diredlions given by the faid Court of Seffion, fuch Sum or Sums of Money fliall be paid out to fuch Perfon or Perfons, as by the Order or Interloquitor of the faid Court fhall be authorized and appointed to receive the fame. XIII. Provided always, That all and every Perfon and Perfons who fhall negleft or omit to make and Perfonj not cn- enter his, her or their Claim or Claims, in rtfpeii of any of the Jurifdidions hereby abrogated, and of ^"'."S ^^"' fuch Clsrkfhips as aforefaid, within the Time, and in the Manner herein before directed, fhall be for ever "-i^^ms excluded, excluded from the Benefit of Compenfation and Satisfaftion hereby provided. XIV. And be it further enacled by the Authority aforefaid. That all Suits, Decrees, Sentences, Interlo- Proceedings of quitors, Judgments, Executions and Proceedings, of or in any Court hereby abrogated, taken away and b^„r°!"March difiblved, which were depending, pronounced, awarded or had, before the faid twenty-fifth Day of yWi^rf/j, ^^^^A^^^j^ • fhall be and remain of the fame Force, Effedl and Validity, and in the fame State and Condition, as the fame would refpeflively have been in cafe this A61 had not been made ; and that all Records, Roils, Books Proceedings, &c, and Entries of any fuch Suits, Decrees, Sentences, Interloquitors, Judgments, Executions or Proceedings, after 24 June relating to any Civil or Criminal Caufe in any fuch Court, fliall on or before the twenty-fourth iJay of '-48, to be Jutie in the Year of our Lord one thoufand feven hundred and forty-eight, be tranfmitted by the Poffeffor ["e^sheriffs'" <jf any fuch Jufticiary, Stewartry, SherifFship, Deputy Sheriffship, Regality, Conflabulary, or Baillierie, courts, to the Courts of the refpediive Sheriffs or Stewarts of Counties, and there lodged and kept amongft the Records of fuch Courts; which fhall proceed thereupon as if the faid Civil or Criminal Caufes had been Resiflersof commenced originally in fuch Courts ; and that the Regifter Books of Homings, Inhibitions and Interdic- Homings, &c. tions heretofore kept in any Baillieries of Royalty or Regality, or Stewartries hereby abrogated, fhall, on or ">= tranfrnit- before the faid twenty-fourth Day of June be tranfmitted to his Majelty's General Regifter Houfe at '^^ '""' !>''; tLdinburgh. . . . ... Edinburgh. ' XV. And whereas by feveral Grants of Heretable Jurifdiftions, Lands lying within, and making Part '■ Shire, to the great Interruption of Juftice, and Inconvenience of the Subjedls ;' Be it enaiSted by the Authority aforefaid. That from and after the twenty-fifth Day of Alarch one thoufand kv&n hundred and JunWiflions of forty-eight, all and every A(£l, Statute, Charter or Grant whatfoever, whereby any Lands lying anciently Lands, difumted within one Shire in .Sfa^/flW were difunited from the fame, and annexed to another Shire to which fuch ."'^hjrw in^" Lands were not adjacent or contiguous, fhall be repealed and made void, with refpedi only to the Jurifdic- nexed to the tion of the Sheriffs or Stewarts Courts ; and the Lands fo difunited and annexed, fhall, with refpeft to fuch Shires they lie Jurifdidfion only, be, and they are hereby reftored or annexed to the Shire or Shires refpeftively within contiguous to. which fuch Lands do locally lie ; and in cafe fuch Lands are interjeftcd between two Shires, they fhall be, and are hereby annexed to the Shire, to the Head Borough of which they are neareft adjacent. XVI. Provided always, That this Rcftitution fliall not extend to vary or alter the Right of voting for Kigh^t of votings Members to ferve in Parliament, in refpedt of fuch Lands, or to vary or alter the Payment of the Tax ^'j'ljJi'f f/"n °^ commonly called the Cefs or Land Tax^ _ ^^ ^^ altered.- ' XVII. And whereas the Jurifdi£tion in Capital Cafes, that was heretofore granted to many Heretors ' like Words, importing fuch Capital Jurifdi6tion, hath been long difcontinued or fallen into difufe, as to ' the Exercife thereof, and it is now unneceffary and improper that the Right or Title of fuch Jurifdidfion '■ fhould be made relating to the Juriidiclions of fuch Barons, or of other Heretors of Lands, who are in- the Authority aforefaid. That from and after the faid tv/enty-fifth Day of March in the Year of our Lord Barons, &c. to one thoufand (tven hundred and forty-eight, no Heretor or Proprietor of Lands within Scotland, which had "^ no Jurif- been eredled into a Barony, or granted with otht^r lower Jurifdiction, or their Baillies, fhall, by virtue ''^j""'"'^*' thereof, have, exercife or enjoy any Juriftlidfion whatfoever in Capital Cafes ; and that no fuch Baron, or '"'^. J!"'. , other Heretor of Lands, infeofft cum Curiis, or their Baillies, fhall, by virtue thereof, have exercife, or en- ^",'f",, e«cpt joy any Juriididfion in any Criminal Caufe whatfoever, other than Affaults, Batteries and fmaller Crimes, Affaults, &c. for which the Punifhment to be inflidled fhall only be by a Fine not exceeding twenty Shillings Sterling, or by felting the Delinquent in the Stocks, for any Time not exceeding three Hours, in the Day-time; which Fine fhall be levied by Diftrefs or Poyiiding of the Goods of the Delinquent ; and in Default of fuch Di- flrefs, by Imprifonment of his or her Perfon, for any Time not exceeding the Space of one Month; and ™'' '" ^'^'1 that as to Civil Caufes, it fhall not be lawful or competent, from and after the faid twenty-fifth Day of*"^"'^^' March for any fuch Baron or Here;or, or thc-ir Baillies, to hold Plea, or judge in any Caufe whc^e the Debt or where the "mm Dainages fhall exceed thi- Sum of forty Shillings Sterling, Oiher than for recovering and uplifting from the (hall exceed 40s. Vaffals, Tejiants or Pofl'eflors of the Lands and Heretagcs of fuch Baron or Heretor, the Mails and Duties, except in reco- or Rents and Piofits th<rreof, or for Recovery of Multures or Services payable or preftable to their Mills ; vcring Rents and and in all other Civil Caules it fliall not be lawful for fuch Courts to judge in Cafes of higher Value than duties, the Sum aforefaid, by virtue of any Prorogation of the Jiirifdifiion, or Confent of the Parties litigant, for thatPurpofe; any Law, Cullom or Ufage to the contrary notwithftanding ; and that every Decree, Sen- tence, Judgment and Proceeding by or before any fuch Baron, Heretor, or their Baillies, contrary to this A&-, fnall be abfolutely void and null to all Intents anu Purpofes whafoever. XVIil. And
 * ■ of one Shire, have been difunited from the fame, and annexed to, and made Part of, another diftant
 * or Proprietors of Lands within that Part of Great Britain called Scotland, whofe Lands were ereiffed by
 * the Crown into Baronies, or granted cutn Fojfa et Furca, or with Power of Pit and Gallows, or with the
 * ■ m Barons fliould be any longer retained : And whereas it is alfo reafonable that fome further Regulation
 * feofft cum Ciiriis, or intitled to the Jurildidlions of Barons, or other lower Jiirifdiftion ;' Be it enaiSted by