Page:Ruffhead - The Statutes at Large - vol 7.djvu/124

 8o C. 5r. Anno vlcefimo Georgii IT. A. D. 1747. holding of the King, or of any Subjcfl Superior, fliall be obliged to attend, appear, and give Suit andPre- fencc by himfelf, or his Procurator, at any Head Court, or be liable to any Fine or Penalty, for Default of Attendance at fuch Head Couit ; any Law, Charter, Contract, Cuftom or Ufage to the contrary in any wife notvvithftanding. VafTalstoat- XIX. Provided always. That nothing herein contained fhali exempt any Proprietors of Lands, being tendiffmTmoii. Vafluls of the King, or any Subject Superior, from Attendance at any Court to which he is fubject, being ed on Jarics. lawfully and fpecially fummoned for that EfFeft, to ferve as a Juryman upon Trials, or for any other law- ful Purpofe whatfocver. Powers of the XX. Provided alfo. That nothing herein contained fliall derogate from the Powers now competent by Freeholricrs Law, to the Freeholders alTemblcd at their Michaelmas Head Court, which it fliall be lawful to hold, and Head Court re- ^ the Freeholders to aiSl and proceed as formerly; any thing herein contained to the contrary notwith- feived. n 1- itanding. ' XXL And whereas it hath been frequently praftifed in Scotland, to left Lands to Tenants or Tackfmen, ' refervin"- or expreffing, over and above the certain Rents and Duties payable for the fame, Services ufed ' and wont, or Services indefinitely, or other general Words of the lilce Nature, without fpecifying or af- ' certainino- the fame ; which Praftice is liable to be abufed, is produflive of Difputes between Landlord and ' Tenant, and fubjeft to divers Tnconveniencies ;' Be it therefore enafted by the Authority aforefaid. That Taclifmen dif- from and after the firft Day of July in the Year of our Lord one thoufand feven hundred and forty-feven, charged from no Tenant or Tackfman of any Lands or Heretages in Scotland, by virtue of any Leafe or Tack which fiiall all Services, &c. j,g ^^^de in Writing, or by verbal Agreement, tacit Relocation, or otherwife, after the faid firft Day of ?he T«k°&c '" 7«h'-> or by Virtue of the Prorogation of any Leafe or Tack made before the faid firfl: Day of July, or any ' * Aflignee of any fuch Leafe or Tack, fliall be obliged or liable to perform any Services whatfoever to his Heretor or Landlord, other than fuch as fhall be exprefsly and particularly referved and fpccificd, and the I^umber and Kinds thereof enumerated and afcertained in fome written Leafe or Tack, or by fome Agree- ment made in Writing, and figned by the Parties thereto, or fome Perfons authorized by them ; any former Law or Ufage to the contrary notwithftanding. Sprvires due to XXIL Provided always. That nothing herein contained relating to Services to be performed by any Te- M.ilsreierveii. j^^,-,^ or Tackfman, after the faid firil Day of July, fhall extend, or be conftrucd to extend, to any Services by Law or Cuflom due to Mills, or any Matter or Thing relative thereto. C A P. LI. An A£l to enlarge the Time limited by an Acl of the lafl: SefTion of Parliament, for reftrain" ing the Ufe of the Highland Orefs ; and to enable Heirs of Tailzie, Guardians, Tutors* Curators, and Truftees in Scotland, to fell Lands to the Crown. ijGco.z.cs?. * 11 T THEREAS by a Claufe of an A&. made in the laft Seilion of Parliament, intituled, An A£i for the VV ?nore effsRual d'lfarining the Highlands in Scotland, and for more effcStually fecuring the Peace of the faid Highlands ; and for refraining the Ufe of the Highland Drefs ; and for further indemnifying fuch Perfcns as have aSted in Defence of his Majeffs Perfon. and Government during the unnatural Rebellion ; and for in- aplains. Tutors and Governors of Children or Youth, to take the Oaths to his Majefty, his Heirs and Succejjors, and to regifler the fame ;' It is cnaftcd. That from and after the firft Day oi Augufl one thoufand feven hundred and forty-feven, no M.m or Boy, ivithln that Part of Great Britain called Scotland, other than fuch as fhall be employed as Officers and Soldiers in his Majefty's Forces, fhall, on any Pretence whatfoever, wear or put on the Clothes commonly called Highland Clothes ; that .' is to fay, the Plaid, Philibeg, or little Kilt, Trowfe, Shoulder Belts, or any Part v/hatfoevcr of v.'h.u ' peculiarly belongs to the Highland Garb ; and that no Tartan, or party-coloured Plaid or Stuff, Hull be ' ufed for Great Ccats, or for Upper Coats : And ^vhereas the Provilion made by the laid Claufe is very ' neceflary to be carried into Execution, but the Time thereby allowed for that Purpofe has been found too ' fiiort :' To the End therefore that a further Time and Opportunity may be given for paying due Obedi- ence to the faid Claufe ; Be it enacted by the King's moft Excellent Mnjefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, FurtlicrTlme and by the Authority of the fame, lliat the Time appointed by the lame Claufe for the Purpofes therein aUowed for ihe mentioned, as to all thofe who are not landed Men, be enlarged from the faid firft ]5ay of Augujl, till the hndDrefs '°^' ^'^^ ^"^^ °^ ^^"g'f o"e thoufind feven hundred and forty-eight ; and that from and after the fa^id firft Day Sec a5 Geo, 2. ^^ ■'^"g'f one thoufaiid feven hundred and forty-eight, the fe'eral Matters and Things provided and enaited c. 29. by the iaid Claufe be ftriifliy obferved, and carried into Execution. ' IL And whereas it may be neceflary, for the Prefervation of the Publick Peace, and the further civi- ' lizing of the Lihabitants of the Highlands of Scotland, that Lands fliould be purchafed there by his Majefty, ' his Heirs or Succeffors, which Lands may be fubject to ftriiiT: Tailzie, or belong to Infants, Pupils, Mi- ' nors, Ideots, Lunaticks, fatuous or furious Perfons ;' Be it therefore enacfted by the Authority aforefaid, TaHzied Ei^afes That it fliall and may be lawful for any Perfon, who is fcifcd in, or poill-iTed of a Tailzied Eftate in Scot- jiisy e to ^^,^j^ or for any Guardian, Tutor, Curator or Truftee of an Infant, Pupil, Minor, Ideot, Lunatick, fitu- ot!s or furious Perfon, to fell, difpofe or refign ad perpctuam Rcmanentium, the Whole, ot any Part of fuchj Tailzied Eftate, or the Eftate of fuch Infant, Pupil, Minor, Ideot, Lvmatick, fatuous or furious Perfon,] fnTua'fes^""'' '^'^l^'ch his Pviajifty, his Heirs or Succeflbrs, may think fit to purchafe for the Purpofes aforclaid ; which. Lands fo purchafed fliall remain in his Majefty, his Heirs and Succeflbis, unalienable for ever ; except as ta the Power of granting Leafes for feven Years, with a Diminution of a fifth Part of the ufual Rent only. III. Provided I the Crown.