Page:Ruffhead - The Statutes at Large - vol 7.djvu/123

 A.D. 1747. Anno vicefimo Georgii IL. C. 50. 79 cheat, heretofore incurred by Horning and Denunciation of the Debtor in any Civil Debt or Obligation, curred by Horn- and of Life-rent Efcheat, heretofore incurred by fuch Debtor fo denounced, continuing for a Year and '"E.^"'' D^nun- Day unreflored or unrelaxed, be, and the fame are hereby taken away and difchai-ged for ever ; and that p""',"" ^° '-■■'' from and after the faid twenty-fifth Day o^ March, no Single Efcheat or Life-rent Efcheat fliall become for- ^^'^ '^^"^ feited, or be confequent upon any fuch Procefs as is before mentioned ; any Law, Cuftom or Ufage to the contrary hereof in any wife notwithftanding. ' XIL And whereas the Methods of procuring Entry by Heirs, or fingular SuccefTors or Purchafers of ' Lands in Scotland, that are held of Subjeft Superiors, heretofore pradlifed, are tedious and expcnfive ;' Be it therefore enacted by the Authority aforefaid, That from and after the faid twenty-fifth Day of March, it Heirs to, nr fhall and may be lawful and competent for any Perfon, who fliall be duly ferved and retoured Fieirto any of Purchaftis of. his Predeceffors in any Lands or Heretages in Scotland, and to any Perfon who £hall purchafe or acquire fuch ^f^^j't 'o ap- Lands or Heretages from the former Proprietor or Vaffal, who was duly vefted and feized therein, and who '^71^' Letters fliall obtain from fuch Vendor or former Proprietor, a Difpofition or Conveyance, containing a Procura- cbarge^he^Su- tory of Refignation in Favour of fuch Purchafer or Difponee,_to apply to the Ordinary on the Bills in pericr to grant the Court of S.ffion for the time being, praying a V/arrand for Letters of Plorning, to charge the Superior, ni^w Infeument, of whom fuch Lands or Heretages were refpeftively held, to receive or grant new Infeftment to fuch Heir or Purchafer refpectively ; and upon Produflion to the Lords of Seflion of a Special Retour of the Petitioner or Party fo applying in any fuch Lands or Heretages, or upon Production of a Difpofition or Conveyance, bearing a Procuratory of Refignation in Favour of fuch Petitioner, it fhall and may be lav/ful for the faid Lords of Seffion, and they are hereby authorized and required to grant Warrand for Letters of Horning, upon fifteen Da^'s, to charge the Superior or Superiors in the Lands contained in fuch Special Retour cr , Procuratory of Refignation, to receive or grant new Infeftment to fuch Heir, Purchafer, or Difponee re- fpeftively. Xin. Provided always, That no Superior fhall be obliged to give Obedience to fuch Charge, un'efs the Fees to be pa'd Charger at the fame Time fhall pay or tender to him fuch Fees or Cafualties as he is by Law intitled to re- to the Superiors ceive, upon the Entry of fuch Heir or Purchafer ; and that it fhall and may be lawful for every fuch Supe- "P"" E'"')' of rior to fnew caufe why he ought not to be compelled to give Obedience to fuch Charge, by oftering a Bill of ^'°' ^'^• Sufpenfion in the ufual Manner to the Court of SefTion. ' XIV. And whereas it hath been and may be found nccefTary for the publick Service, to ereiS Build- ' ings, and make Settlements in certain Places in the Highlands of Scotland, and in purchafing the Land ' upon which fuch Buildings are or may be ereiSled, and Settlements made, a Difficulty may arife by rea- ' fon of the fame being Part of a Talzied Eftate;' Be it therefore enafted by the Authority aforefaid, That HoirsofTa;:z;s it fhall and may be lawful for any Perfon who is feized in, or poflefl'ed of, a Talzied Eflrate in Scotland, to ^^^owcA to fell fell, dK'^one. 0}[ rtiign ad perpetuam remanentlam, any Part thereof, which his Majefly, his Heirs and Sue- ^'"^ '° ''^^ cefTors fhall think fit to purchafe, for erecting of Buildings, or making Settlements within the fame ; any '^°™"' Law, Charter, Tailzie or other Ail or Deed to the contrary notwithftanding. XV. Provided always. That the Monies paid as the Price of fuch Land, being Part of a Tailzied Eftate, Purchafe money fhall be laid out, and iettlcd to the fame Ufes, and with the fame Limitations and Reftridtions, as fuch h°w to be ap. Land was fettled before fuch Sale thereof as aforefaid, or applied for Payment of the Debts, if any fuch P^' there be, of the Maker of the Intail, or other Debts that are effectual Burdens on the 1 alzied Eftate, not being contrafted by fuch Vendor himfelf ; and for that Purpofe, the faid Money fhall be paid into the Hands of fuch Truftees, who fhall for that Purpofe be appointed by his Majefty, his Heirs or Succeffors, by Sign Manual, and the Vendors; which Payments fhall be good Difcharges to his Majefty, his Heirs or Succeflbrs, of and from fuch Purchafe-monej'- ; and fuch Truftees, and the Survivor and Survivors of them, and the Executors and Adminiftrators of fuch Survivor, fhall lay out the fame in the Purchale of other Lands, and fettle, and procure to be fettled the fame, or applied for Payment of Debts on the fame Eftate, in the Man- ner herein before directed. ' XVI. And whereas the infranchifing of Vafi'als of Subjeft Superiors, by caufing them to become im- ' mediate VafTals of the Crown, is a Matter of publick Benefit which ought to be encouraged ;' Be it there- Poli^ijors of fore enafted by the Authority aforefaid. That it fhall and may be lawful for any Perfon feifed in, or pof- ■^'"'^'f ^^■'" feffed of a Tailzied Eftate in iS'«i/(7»('/, comprehending Lands or Superiorities of VafTals, under or holding feifth^Suceri- of him, to fell to fuch V'affals, or any of them, the Superiorities over their refpeiStive Lands, at fuch Prices oritics. as the Parties fhall agree for, and thereupon to refign fuch Lands for new Infeftment, to be granted to fuch Buyer of his own Superiority, which fhall be good and valid ; any Law, Charter, Tailzie or other Adt or Deed to the contrary notwithftanding. XVII. Provided alv/ays. That the Monies paid as the Price of fuch Superiority, or Superiorities, be- Purchafe mo- ing Part of a Tailzied Eftate, fliall be laid out and fettled to the fame Ufes, and with the fame Limitations "'^y .''"w t" te and Reftridtions, as fuch Superiority was fettled before the Sale thereof as aforefaid, or applied for Pay- "Pl"'"^^' ment of the Debts, if any fuch there be, of the Maker of the Intail, or other Debts that are effectual Bur- dens on the Tailzied Eftate, not contracted by fuch Vendor himfelf, and for that Purpofe the Monies fhall be paid into the Hands of Truftees, who fhall be appointed by the Vendor of fuch Superiority or Superi- orities, and the Purchafer or Purchafers thereof refpedlively ; and fuch Truftees, and the Survivor and Sur- vivors of them, and the Executors and Adminiftrators of fuch Survivor, fhall lay out the Monies arifing from fuch Sale, in the Purchafe of other Lands or Heretages, and fettle, or procure the fame to be fettled as aforefaid, or fuch Monies to be applied for Payment of Debts on the Tailzied Eftate in the Manner herein before diredted. ' XVIII. And v/hereas the ancient Ufage of the VafTals of the King, and other Subjedt Superiors, being ' long Time been ufelefs, and therefore ought not to be continued ;' Be it therefore enadled by the Autho- charged from rity aforefaid. That from and after the faid twenty-fifth Day of March, no Proprietor of Lands in Scotland, a-tendins at holding ""'*'=''""•
 * obliged to give Suit and Prefence, or to appear at Head Courts at certain Times of the Year, has of a vaffals dif-