Page:Ruffhead - The Statutes at Large - vol 7.djvu/98

 54 C, 41' Anno viccfiino Georgii 11. A. D. 1747. rvrsafrcm ihc IV. Aiid it is hereby cnaclcJ, That an ExtraiSl from that Book, iignecl hy the faid Remembrancer, or his Book of R.ecord Deputy, Certifying that any Perfoii therein mentioned was attainted of High Treafon, ftiall be taken and to lie admitted [,gij 33 (ufficient Evidence of fuch Attainder in all Courts of Juflice within Scotland, fo far as may concern as Evidence. ^j^^ Execution of this Act, as fully as if the Record of fuch Attainder were produced in fuch Courts. The Baror.s to M, And be it enacted by the Authority aforefaid. That the faid Barons of Exchequer, or any three of appoint osiers (.{^em, fliall, and they are hereby authorized, from time to time, by and with the Approbation of the Com- t°'n of fhls Aft niiffioners of his Majefty's Treafury, or the High Treafurer for the time being, to appoint and employ pro- ^^1° p ■' per Perfons to be Surveyors, Meffengers, or other necefTary Officers for the Execution of this AQ. ; which ^we"'bvth'eBa- Surveyors, Meffengers and OfHcers refpeclively, are hereby required faithfully to execute and perform th« rbns, Trufl in them refpeflively repofed, without taking any thing for fuch their Service (other than fuch Fees, Salaries or Rewards, as the faid Barons, or any three of them, by and with fuch Approbation as aforefaid. Officers to take fhall think fit and direft in that Behalf j and every fuch Surveyor, Meffenger and Officer, before he enters Oaths. on the Execution of his Employment, fhall take the Oaths prefcribed by the Aft of the firft Year of his late Majefly's Reign, for the further Security of his Majefty's Perfon and Government, and other Purpofes therein mentioned ; and alfo an Oath for his true and faithful Demeanor in all Things relating to the Truft repofsd in him by the faid Barons, or any three of them ; and that he will not, direftly nor indirecfly, receive or take any Fee or Reward, or expert or accept the Promife of any Fee or Reward, for any Thing, whatfoever to be done by him in the Execution of the faid Trufi: (except what fhall be fettled or allowed by the faid Barons, or any three of themj and that he will not dire6lly nor indire<Elly have any Part, Share, or Intereft, or make any Benefit by any Difcovery of any forfeited or forfeitable Eftate or Intereft whatfo- ever, intended to be applied to the Ufe of his Majefty, in purfuance of this Act, or conceal, or caufe or procure to be concealed, the fame, or any Part thereof. Salaries anil 0- VI. And be it further enabled by the Authority aforefaid. That there fhall and may be paid to fuch Per» ther Charges to fon or Perfons 33 the faid Barons, or any three of them, by and with fuch Approbation as aforefaid, fhall he paid by the nominate, by way of Impreft, and upon Account, for Payment of Salaries of inferior Officers to be em- ReceivetGene- pjoy^j under them, and for incident Charges in or for the Performance of the feveral Trufls by this Act " ' icommitted to the faid Barons, fuch Sums of Money, as the faid Commiffioners of his Majefly's Treafury, or the High Treafurer for the time being, judge to be neceffaty and reafonable in that Behalf, out of fuch, , . f f . Monies as fliall, from time to time, be or remain in the Hands of the faid Receiver General, by virtue of rior Officers'"/-* ^ny o^ ^^^ Claufes, Matters or Things in this A6t contained ; and that the faid Salaries of inferior Offi- empted from cers {hall not be liable to any Taxes or AfTeffments by any Aft of Parliament made or to be made j any Law Taxes. or Statute to the contrary notwithftanding. The Barons may Vil. And be it enadted by the Authority aforefaid, That the faid Barons, or any three or more of them,, meet and aft {hall and may meet, a£t and proceed, from time to time, with or without Adjournment, within Term wi'hout Ad- Time, or without ; and fhall and may fend their Precept or Precepts for any Perfon or Perfons whatfoever journment J ^.^ appear before them, and for all fuch Books, Papers, Writings and Records, as they fhall think neceflary Perfonsan"d ^° ^^^^^ Information, in any Matters or Things relating to this Aft, without any Fee, Charge or Reward Papers- to ^^ P^id for the fame ; and fhall and may detain in their Cuftody fuch Books, Papers, Writings and Records, fo long as they fliall have Occafion for the fame, and then return fuch Books, Papers, Writings and and admini/ler Records to fuch Perfons to whom they refpeftively belong ; and fhall and mav adminifier Oaths for the bet- O-iths. ter Difcovery of the Truth of the Enquiries by them to be made, to any Perfon or Perfons therein con- cerned, or to any other Perfon or Perfons whatfoever ; and all Sheriffs, Stewards, Baillies, Conftables and other Officers and Minifters whatfoever, are hereby required to obey and execute fuch Orders and Precepts i as (hall be fentto them, or any of them, by the faid Barons, or any three of them, as they will anfwer the contrary at their utmoft Perils ; and the faid Barons, or any three of them, are hereby impowered and re- quired in a fummary Way, and without the Formalities of Proceedings in the Courts of Law or Equity, to enquire and inform themfelves by and upon the Teftimony of Witneffes, upon Oath, Examination of Ions attainted, or to be attainted of High Treafon, within the Times aforefaid, and of all Real and Per- fonal Eftates and Interefts whatfoever by this Aft, or otherwife veiled in his Majcfly, for or by reafon of fuch Attainder, and by whom any fuch Eftate or Eftates was or were refpeftively forfeited or forfeitable, and what Eftate or Intereft every fuch Perfon attainted, or to be attainted for High Treafon, as aforefaid, had in any of the Premiffes on the rcfpeftive Days and Times, on or from which they are hereby, or other- wife, vefted in his Majefty, or at any Time afterwards ; and by what Tenures the fame, or any of them re- fpeftively, were then ho'den ; and of all Incumbrances whatfoever, to which any of the faid Eftates for- P J ef,,(-,n felted or forfeitable for High Treafon, were liable or fubjcft before, and upon the fame Days and Times re- tii apucar 10 be fpc'-tively : And in cafe any Perfon or Perfons, fummoncd to appear before the faid Barons for Difcovery of comm.ittd. the Premiffes, fhall negleft or refufe to appear, or be examined as aforelaid ; then, and in every fuch Cafe, it fhall and may be lawful to and for the faid Barons, or any three of them, to commit the Perfon and Per- fons fo neglefting or refufing as aforefaid, to the Common Gaol of the County, Shire or Stewartry re- fpeftively ; there to remain without Bail or Mainprise, until fuch Perfon or Perfons fnall conform them- pena'ty on Offi- felves, and fubmit to be examined as aforefiiid : And if any Officer or Officers fhall negleft or refufe to give ot'liTt "^'^"'"^ Obedience to the Precepts and Orders of the fuiJ Barons, or any three of them, for the due Execution of " ''' this Aft, then, and in every fuch Cafe, it fhall and may be lav.'ful to and for the laid Barons, or any three ■or more of them, to impofe any Fine upon fach Officer or Officers, not exceeding fifty Pounds Sterling, for any one Offence ; and to commit fuch Officej'or Ojficers, till fujji Fine fhall be paid unto the faid Receiver General for the Ujfe of his Majefly, Vin. And