Page:Ruffhead - The Statutes at Large - vol 7.djvu/473

 A. D. 1752. Anno vicedmo quinto Georgii II. C. 41. 4^3 ' it is neceffary that fome farther Provifions and Regulations be made ;' Be it therefore enaded by the King's moft Excellent Majeftv, by and with the Advice and Confent of the Lords Spiritual and Tern- poral, and Commons, in this Parliament aliembled, and by the Authority of the fame. That al! and every the Lands, Lordlhips, Baronies, Patronages, Tithes, Fifhings, and other like Heritages, which became Certain Forfeit, forfeited to his Majefty by the Attainder of the feveral Perfons after named of High Freafon, for their'^J Eftates an- being engaged in the late unnatural and wicked Rebellion, and which were vefted in his Majefty by the"^^ '" "^ above-mentioned Aft of the twentieth Year of his Reia;n ; that is to (ay, the Lands and other PremiiresftT"'" ""^°' which became forfeited by the Attainder of Simon late Lord Lovat ; John Drimimond, taking upon himfelf the Stile or Title of Lord y^/is £)ra?;z?w««'. Brother to James DiumriLond, taking on himfelf the Title of Duke oi Perth ; George late Earl of Cromarty; and Archibald Jl'P Donald, Son of Col M'' Donald of Barrif- dale as the fame Lands, Lordftiips, Baronies, and other Premiffes, are more particularly enumerated and defcribed in the Title-deeds, Rights and InfeolFments of the faid attainted Perfons, or their Predeceffors, or in the Surveys already taken, or hereafter to be taken thereof, by the Barons of Exchequer in Scotland^ in purfuance of the Powers given to them by the aforefaid Aft of the twentieth Year of the King, by ■which the faid Forfeited Eftates were vefted in his Majefty, (hall, together with all the Parts and Pertinents of the fame, from and after the twenty-fifth Day of December one thoufand feven hundred and fifty-two, be, and be deemed to be, annexed to the Imperial Crown of this Realm, and fhal! be and remain for ever unalienable from the fame ; and all Grants, Charters, or other Rights, made or to be made, or granted, of all or any of the faid Lands, Baronies, and other Premilles, by his Majefty, his Heirs or Succeffors, except- ing as is herein after excepted, (hall be void to all Intents and Purpofes. II. Provided always, and be it enabled by the Authority aforefaid. That nothing in this A£l contained Right of Ciaim? fhall extend, or be conftrued to extend, to take away any Right, Title or Benefit whatfoever, which any not injured. Perfon or Perfons are, fhall or may be intitled to, in virtue of any Claim or Claims that have been, or fhall be duly entered in the Court of Seffion in Scotland, purfuant to the aforefaid Aft, or in virtue of any Decree or Decrees that hath been or fhall be made upon fuch Claims. III. And to the End that Payment may be made to the juft and lawful Creditors on the Forfeited Eftates hereby annexed to the Crown, fo far as the Value of fuch Lands and Premiffes, whereupon fuch Claims fhall have been fuftained, fhall refpeftively extend, and no further; Be it enafted by the Authority afore- Satlsfsftion to faid. That Actions may b^ brought before the Cojrt of Seffion, in the Name of his Majefty 's Advocate, = m-i'J toCre- agair.ft fuch Creditors, which fhall and may be ferved againll: the Defendants, under the general Defcrip-''-'°"' ^°^V^ ,, tion of the Claimants upon fuch Eftates, by one Ediftal Citation, upon thirty Days Notice, to be affixed "ffu^/li'l.Lds.'^ on the Walls of the Inner and Outer Houfe of the Court of Seffion where the Rolls of Caufes in that Court are ufually affixed, in order to have the Value of fuch Forfeited Eftates afcertained, upon a Proof brought before the faid Court of the Rental and Value thereof; and in every fuch Aftion it fhall and may be lawful for the Creditors on the faid Eftates to bring a joint Proof, and the faid Lords of Seffion are hereby authorized and required to proceed in valuing the faid Eftates fummarily, in fetting which Valuation Regard fhall be had to the ordinary Rates, at which like Lands and Eftates have been fold in the fame County ; and the faid Lords of Seffion fhali thereafter, without Lofs of Time, certify to the Barons of Exchequer in Scotland, the Amount of the feveral Claims on fuch Forfeited Eftates, with the Value of the Lands and Real Eilate, upon which refpeftively the Claimants are juft and lawful Creditors; and in fu(.h Cafes where the Claims that have been fuftained exceed the Value of the Lan-ds and other Premifles out of which they ought to be paid, that the faid Lords of Seffion fhal! at the fame Time certify the Order of Preference by which the faid Claims ought to be paid, to the Extent of the Value that fhall be certified, as aforefaid ; and the faid Barons of Exchequer are hereby authorized and required to tranfmit fuch Certi- ficate or Certificates to the High Treafurer, or Commiflioners of the Treafury for the Time being ; and upon fuch Certificate or Certificates being made and tranfmitted, the Creditors refpeftively fhall be paid" out of the then next Aids to be granted in Parliament, according to the Order of Preference fpecified in fuch Certificate; fo that the Sum to be paid to theCreditors upon each of the faid Eftates fhall not exceed the Value of fuch Eftate certified as aforefaid. IV. Provided always. That out of the Value to be certified as aforefaid, it fhall and may be lawfij, inExpences of tbe- the firft place, to deduft or retain the E?;pence that ftiall have been laid out by the Agents for the^E'^"'^^ *°'' ^^^ Crown, in railing and profecuting the Aftions of Valuation and Ranking, and adjufting the Schemes of ^'j^"" '° '^ Divifion of the Value among the Creditors, as the fame fhali have been taxed and fettled by the faid Court of Seffion. V. And be it further enafted by the Authority aforefaid, That every fuch Decree of the Court ofoecrees concwn- Seffion concerning the Valuation of fuch Eftates, or the Ranking or Order of Preference of the Cre-'"? f^'i^ '^^l"^- ditors thereon, fhall be final and binding upon all Perlbns concerned, in cafe thirty Days, on any of"°" '° '"^ ''"^'- which fuch Proceedings as are ul'ual and competent by the Laws of Scotland for reverfing or amending fuch Decrees may be had, (hall elapfe without fuch Proceedings being had, made or commenced by either Party. ' VI. And v/hereas, in fuch Cafes, wherein the Claims upon the Lands, and other the Premifles hereby ' annexed, fhall clearly fall fhort of the Value of fuch Lands and Premiffes u}3on which refpeftively they in every Cafe where the total Claims upon any Eftate or Eftates Ihall not exceed tv/enty Year's Purchafe, where the of the clear fiuveyed Rental, returned into the Court of Exchequer, of fuch. Eftate or Eftates, the faid claims do aot 2. Lords.
 * the ufual Rent only : And whereas to profecutc more effbaually the good Purpofes intended by the faid
 * in part recited Ads, in order to ilrengthen the Foundations of the future Tranquillity of this ICingdom,
 * fhall have been entered and fuftained, it will not be neceffary to raife and proiecu.e Aftions of Valuation
 * ■ and Ranking in the Manner before prefcribed ;' Be it therefore enafted by the Authority aforefaid. That