Page:Ruffhead - The Statutes at Large - vol 7.djvu/122

 ^8 C. 5o. Anno vIcej[imo G e o r g 1 1 IL A. D. I 747. . or Heirs in fuch Larids or Heretages as aforefaid, the Retour, over and above the fetting forth the old and new Extent of the Lands, in fuch Manner as hath been heretofore pradifcJ, faall further fet forth and ex- prcfs the Valuation of fuch Lands and Heretages as aforefaid, and the Proportion above mentioned of fuch Valu:tion, and no more ihall be the Non-entry Duty of fuch Lands or Heretages, preceding the Citation in the general Declarator of Non-entry. Tenure of Ward IV. And be it further cnadfed. That all Tenures of any Lands or Heretages in Sioiland, that are now Holding licld of hejj or liable to be held Ward of any Subjeil Superior, v/hether fimple or taxed Ward, are hereby enacled Stipcrimscon- ^^ j^g turned into Feu Holding, for Payment of a certain Rent or Feu Duty in Money, Vidlual, Cattle or Hul?n'"'°^"" otherwife, yearly, in Place of the faid Cafualties of Ward Holding hereby difcharged, and of all Services, '"'"' and fliall be fo conftrued, adjudged and deemed to be from the faid twenty-fifth Day oi March and for ever thereafter. V. And in order to afcertain the ^uarilum of the Feu Duty to be paid yearly, after the faid twenty-fifth Court of Scffion to fettle ih compenfe, and publiHi an Aft of Sederunt, and determine Diff^'rences in a Nummary Way. Superior, Party 1 to fettle ihe Re- Day of March, by the Tenants or Vaflals of the faid Lands and Heretages heretofore held Ward to the Superiors thereof. Be it further enacled by the Authority aforefaid, That it fhall and may be lawful for the Court of Seflion in Scotland, and they are hereby impowered and required to take into their Confideration, the Difference in Value to the VafFals of the Change of their Holdings or Tenures from Ward to Feu hereby enacled, and what conflant annual Rent or Feu Duty, payable to the Superior, will be a reafonable Satif- faftion or Recompcnce for that Value or Difference, and thereupon to make and publiili an KEk oi Sederunt, which Hrall be in Force, and obferved by all the Subjects in that Part of the Kingdom, unlefs or until the fime fhall be altered by a future A£f of Parliament; and according to the Rules prefcribed in fuch A£t of Sederunt-, it fhall and may be lawful for all and every the Superiors and Vaffals, or Parties interefted, to fettle and adjuft betwixt themfelves the Feu Duties to be hereafter payable in Place of the Tenures hereby aboliflied or altered ; and in cafe of Difference arifing, it fliall and may be lawful for the faid Court of Scf- fion, upon Application made to them, by Bill or Petition, on Behalf of or by any Subjeft Superior of fuch Lands or Heretages, or by the Vaffals or Proprietors thereof, fummarily to determine the Quantum of the faid annual Feu Duty, fuch as the Court fhall judge to be a reafonable and equitable Recompence to the for the Change of the Holding hereby enafted, after having heard both Parties, or fummoned the called as Defender, upon twenty-one Days Notice ; and whatever annual Payment the faid Court of Seflion fliall fo modify, fhall be tlye Feu Duty payable for fuch Lands and Heretages as aforefaid, to the refpeftive Superiors thereof, and all and fingtdar their Heirs and Succeffors, and that yearly at TFh'ilfund.iy, from and after the faid twenty-fifth Day of March, when the Change of Holding is hereby enacled to take Place, in the fame Manner as if Feu Charters had been granted of that Date to the refpecfive Vaffals upon their Relignation, containing fuch Change of Holding, for Payment of the annual Feu Duties fo to be modified. VI. Provided always. That until fuch Modification fhall be made by the Court of Seflion, the Vaffal fhall not be liable to incur any Forfeiture or Irritancy for Non-payment of the Feu Duties ; and fiich Modifica- tion being made, flrall be inferred as the Feu Duty payable for fuch Lands or Fleretages in the future Reno- vations of the Infeftments thereof, by the prefent Vaffals, their Heirs or Succeffors. VII. Provided alfo. That in every Cafe where the whole Lands or Eftate fo held "Ward, on the faid twenty-fifth Day of March, fhall then fland provided in Life-rent to any Pcrfon or Perfons, in fuch M.m- ner as by the Laws of Scotland now in being, would be excliifive of the Cafualty of Ward, fuch Life-renter or Life-renters during the Continuance of his, her or their Rights refpcclively, fliall not be fubjcJt to piy the annual Feu Duties to be modified as aforefaid ; and the fame during the Subfiflence of fuch Life-rent Rights, fnall be fufpended, and fhall commence and become payable to the Superior at the firPc Term of Tf^httfunday after the Determination of fuch Life-rent Right ; and in every Cafe where fuch Life-rent Right is not total of the whole Eilate, the entire Feu Duty fo to be modified, fnall, during the Subhllcnre of fuch IJfe-rent Right, be payable to the Superior by the Fiar or Proprietor, out of fuch Parts of the Lands or Eftite as fh-ill not be Life-rented. Vadals not to forfeit for Feu Duties till IVIodi' licaciun made. Life-rented i itates exone- rated. Infeftments of Vaflils holding J.and^ in Ward confirmed. No Tenure of "Ward Holding to be granted. Tenure of Feu cum Varitagio, &c. taken away VIII. Provided That the Infefmcnts now ffanding in the Perfons of any Vaffal ia Seothi'id, holding their Lands or other Heretages Ward, fliall remain good and valid, to all Intents and Purpofes whatloevcr, fo long as the Perfons now infeft fhall retain the fame, or not be denuded thereof; and they fh.all notwith- flanding, by virtue of this prefent Aift, be no longer fubjcclcd to the Cafualties hereby difcharged, but fhall be iVibjecl: to pay the annual Blanch or Feu Duties refpeftively, hereby provided to be payable in Place of thofe Cafualties. IX. And be it further enabled by the Authority aforefaid. That no Tenure of any Lands or Heretages by Ward f-Iolding, fhall hereafter be created by his Majefly, his Heirs or Succeffors, or by any other Superior or Proprietor of Lands, or other Heretages in Scotland. ' X. And whereas there are certain Lands in Scotland held by the Tenure of Feu cum AIarita:^is, or ' Vi'ith Chiufes de non aUcnando f.ne confenfn Superiorum ;' It is alfo hereby enafted by the Authority afore- faid. That in all Time coming, from and after the faid twenty-fifth Day of March, the Cafualty of Mar- riage confequent upon fuch Holding, and all fuch prohibitory Cla jftraining the Power of Alienation, be taken away and difcharged ; and it fliall and may be lawful in like Manner as is herein before diietTt^d in the Cafe of Ward HoUiing, for the refpedfive SubjccT: Superiors, or Vaffals in Lands or Heretages that are Court of Seflion held Feu cnni Maritagio, or with fuch prohibitory Claufes as aforefaid, to apply to the Court of Seffion to to modity the modify fuch additional Feu Duty by the Vaffal, as they fliall judge a reafonable Recompence to the Superior, for fuch Cafualty of Marriige or prohibitory Claufes as aforefaid, hereby taken away and difcharged. ' XI. And wiiereas the Cafualties of Single and Life-rent Efcheat, confequent upan the Proecfs compc- ' tent by the Law of Scotland, for recovering Payir.ent of Civil Debts, or Performance of Obligations, have, by Experience, been found highly rigorous, and liable to be abufcd ;' Be it thereiore cnaclej by the Kccompence. Cafoahies of Single and l.ife- tentEfdicats in- Authority aforefaid, That from and after the faid twenty-fifth Day of March, the Cafualties of Single Ef- cheat, I