Page:Ruffhead - The Statutes at Large - vol 7.djvu/475

 A. D. 1752. Anno vicelimo quinto Georgii If. C. 4.1. 4.55 ceflbrs fhall from Time to Time, by Warrants under his or their Sign Manual, be plcafca to dired, to the Purpofes of civilizing the Inhabiiants upon the faid Eftates, and other Parts of the 'highlands and lilruids oi S>:otljnd, the promoting amongft them the Protellant Religion, good Government, Induilr^y and jMa- nufdftures, and the Principles of Duty and Loyalty to his I^/Iajeity, his Heirs and Succeliors, and to no other Ufe or Purpofe whatfoever. XV. And to the end that the faid Lands and Eftates may be managed, and the Produce thereof applied -""'""^"""o in the moil beneficial Manner for the Ends and Purpofes aforefaid ; Be it further enacted by the Authority "^^ 'Pf "•"'"' "^ aforelaid. That it fliall and may be lawful to and for his Majefty, his Heirs and SucceGbrs, by Commiffion' "^ '"'"■^' under the Privy Seal of Scotland., to authorize and impower fuoh Perfon or Perfons as his Majefty, his Heirs and SucceiTors fliall think fit, from Tim; to I ime, to be Commiflioners and Truftecs for managing the faid Eftates, and applying the Produce thereof for the Ends and Purpofes appointed by this Ait. XVL Provided always, and be it enacted by the Auihority aforefaid. That no Commiffioner to be ap- wUhout SaL^ry. pointed for executing the Trufts in this Acl as aforefaid, fliall receive a.iy Fee, Salary, Penfion or Reward for the fame. XVIL And be it further enafled by the Authority aforefaid. That the Comm.hlioners to be appointedCommlfiioncrs as aforefaid, fhall have Power to grant Leafes of the faid Eilates, or any Part thereof, for any Term not^^'J'S""''"^*'^" exceeding twenty one Years; or if the Leffce fhall enter into proper Covenants to lay out upon the Pre- raifles any Sum not lefs than five Years Rent, in Buildings or other Improvements, within the Space of feven Years from the Date of (uch Leafe, then, and in fueh Cafe, and upon fuca Condition, for any Term not exceeding forty-one Years; all which Leafes fhall be fubjcfl: to the Provifions, Conditions and Limitations herein after m.entioned, and fuch other as his Majefty, his Heirs and Succeflbrs fliall, from Time to Time, by his or their Sign Manual, direit and appoint. XVUL Provi ied always, That upon every fuch Leafe there fhall be rcferved not lefs than three Fourths Condition of the of the real annual Value of the Premiffes fo let; and that every Leafe to be granted by fuch Commiflioners, "■^=- fhall contain a Claufe for makiiig the fame void, in cafe the Lefi^ee or his or her Heirs ftnll affign or let the PremiiTes, or any Part thereof, to any other Perfon, or fhall fufter the fame to be adjudged at the Suit of any Creditor, or fhall not occupy, cultivate and be refident upon the Premiffes, or Ihall pay or caufe to be paid, directly or indirectly, to or for the Ufe of any Perfon or Perfons whatfoever, any Gratuity or Fine, or any annual Rent or Preftation, for or in confideration of his obtaining or holding the Lands or other Premiffes comprehended in fuch Leafe, other than the Rent in fuch Leafe exprefied and covenanted to be paid to the faid Commiffioners for the Purpofes in this A£t diredfed. .XIX. Provided alfo, That e'ery fuch Leafe fliall be abfolutely void, unlefi the Lefiee fliall, before theLeaSs void, un- making thereof, have taken the Oaihs requifite by Law to qualify Perfons to execute Offices of publick'^!^ "'i^ ^n^ t Truft in Scotland, at the Quarter-Seffions of the County where the Premiffes lie, or before the Sheriff'^  ^ ^,' '" Depute, or his Subftitute; and that no Perfon fhall be capable of taking or enjoying, directly or ir'di-^'"^"^^^*^"^^^";'^^,^^ reftly, any Lands or Tenements, other than Mines or Fifhings, by virtue of fuch Leafe or Leafes, ofj^ent rf zo 1. greater annual Rent than twenty Pounds at the utmoft, XX. And be it further enaiSted by the Authority aforefaid, That the faid Commiffioners fliall and may Commiflioners have Power and Authority to bring Actions in their own Names, either in the Court of Seflion or Sheriffs "■'>' "^^"^ *°|^ '^^, Court, not only for Payment of the Rents into the Hands of the Faftors appointed for levying the fame,„/2oVen2rit.'^^'^ but alfo for Breach and Non-performance of the feveral Covenants contained in the Leafes, under which the Lands fliall be pofTelTed. XXI. And be it further enafled by the Authority aforefaid. That the faid Commiflioners fliall and may Commiffioners have Power, by and with the Approbation of the High Treasurer, or Commiflioners of the Treafury for""^ ■^'!|"i^ the Time being, to appoint Stewards, Receivers or Faftors on the faid Eftates, with an A!lov/ance notc^"" J^^^, ^ 'J^; exceeding ^'e.^oiXis per Centum of the Rental, who fhall be bound refpectively, with one or more fuf-Re'ceiieis, ficient Surety or Sureties, in a Sum not lefs than two Years Rent of the Eftate to be put under their Col- leftion, to account to the faid Commiflioners for the full Rents of fuch Eftates, and to pay in the clear Refidue thereof to his A'lajefty's Receiver General of the Crown Rents and Cafualties in Scotland, after Dedudlion and Allowance of the publick Burthens and necefl'ary Charges of Management ; and upon their fo accounting and paying in the Refidue of the Rent as aforefaid, the faid Commiflioners are hereby im- powered to grant Acquittances orDifcharges to fuch Factors from Time to Time. XXII. Provided always, That the faid Commiflioners fhall have Power to appoint Perfons to officiateFaiSori; tobe as Fadtors in the Interim, until the Faflories granted by them fhall be approved or difapproved of by the^P?""'^'^''- High Treafurer or Commiflioners of the Treafury as aforefaid. XXIII. And be it further enaded by the Authority aforefaid. That if any Steward, Receiver or Fadfor ^^^'^."^ ''•■^; oil the faid Eftates, fliall, during the Continuance of his Oihce, by himfelf or by any other Perfon what-Qj^^.'°""= ^"^' ever on his Account, direftly or indireftly take, accept or receive from any of the Tenants or Pofleffors of fuch Eftates, any Money, Gift, Prefent, Service or other Gratuity whatfoever, to the Ufs of fuch Fac- tor, he fhall incur, the Penalty of fifty Pounds Sterling, totlcs quoties, one Moiety thereof to the Ufe of his Majefty, and the other to any Perfon who fhall fue for the fame, to be recovered by fuinmary Pe- tition" or Complaint, upon fifteen Days Notice before the Court of Seflion, or before the Sheriff's Court of the County. XXIV. And be it further enadled by the Authority aforefaid. That the faid Commiflioners fliall be,Ccmm;monew and are hereby impowered, by and with the Approbation of the High Treafurer, or of the CommlflTioners^'"'^ f^i'"!r^J of the Treafur}^ for the Time being, to appoint Clerks and other neceflary Officers, vHth proper andd°"°j^^'y '*"' reafonable Salaries : And that the faid Commiflioners fhall caufe fuch Lands to be furveyed, and proper point clerks, &c Plans to be made thereof, fetting forth the Extent and diiierent Qiialities of the Grounds, the feveral Ad- and caufc Surv? 4 vantages^" " •'^•^"'=- rea- int