Page:Ruffhead - The Statutes at Large - vol 8.djvu/644

 6io C. 17. Anno fecundo Georgii III. A. D. 1761. ' on or before the fifth Day of July one thoufand feven hundred and fixty-one, to produce, or caufe ' Court of Seffion, fultaining the faid Claims ; and, upon producing of every fuch Decree or De- ' crees, the Barons of the faid Court of Exchequer are thereby impowered and required to make out ' to be due by and under the faid Decrees refpeitively ; and the feveral Sums contained in the faid ' Money aforefaid, to the Perfon or Perfons intitled by the faid Debentures to receive the fame : Pro- ' vided always^ That if the Decree or Decrees, fuflaining the Claim or Claims of any Creditor or ' fixty-one : And whereas, in purfuance of the Adl Lift above recited, the Sum of thirty-feven thou- ' ceding the faid fifth Day of July one thoufand feven hundred and fixty-one, for paying and d if- ' charging the feveral Creditors upon the faid Eftate, wlio produced the Decrees of the Court of Sef- ' fion, fuftaining their feveral Claims in the faid Court of Exchequer, according to the Directions of ' the aforefaid Statute: And whereas the Wad fetters upon the faid Eftate whofe Claims have been ' fuftained for their feveral Wadfet Sums, by Decrees of the faid Court of Seflion, are in Hofl'effion ' and Receipt of the Rents and Profits of the Lands wadfetted to them refpe6tively, for Payment of ' Redemption prelcribed in their feveral Wadfet Rights, whereby theTruftees and Coraraiffioners ' for managing the faid annexed Eftates, are kept out of the Pofieflion and Receipt of the Rents and One Aftion of Declaratot* lick ;' Be it therefore enacted by the Authority aforefaid. That one Action of Declarator of Re- ot Redemption, contain- jgi^jJQj^ containing a Conclufion of removing;, may be brought before the Court of Seflion, in the in? a Conclufion ot le- -vt ri-T/r--n.?AJ_ ^ _•_/!. l- ti th ' r. i _ r • j t?/L-^. l • i i id fate the le Wadfet:ers jpner and Outer Houfe of the fiiid Court of Seflion, where the Rolls of Caufes in that Court are theLod'c^rll'ntof^thr'H'"^'^^ aflixed. Concluding to have it found and declared, That the Lodgement of the Sums aforefaid Money in the Bank at ^'^ ^^^ Royal Bank at Edinburgh^ for paying and difcharging their feveral Wadfett Sums, is and flial[ Edinburgh, for paying be deemed and taken to be a legal and proper Confignation of their feveral Wadfett Sums, to all In- oiFthe Wadfett Sums, tents and Purpofes, as if the Order of Redemption prefcribed in their feveral Wadfett Rights had being decmtd a legal |,g^j^ complied with and followed out againft each of them feparately; and that the Lands and other ana theV^nds trbe ' Heretages wadfetted to them refpedtively, fhall be held, deemed, and taken to be redeemed, and out thereupon redeemed, quit from them, their Heirs and Succefibrs refpedtively ; and they and their Tenants, Servants, and and the Occupiers re- Other Dependants, be removed from the Pofieflion of the iaid Lands and other Heretages wadfetted "»****» to them as aforefaid, at the refpecStive Terms of Removing fpecified in their feveral Wadfett Rights,, andtheCommitricners and Decrees of the Court of Seifion fuftaining their Claims, or at fuch other Term or Terms as tO' and Truftees, anj their ^j^^. f^^jj Court fliall feem juft, fo as that the faid Commiflioners and Trurtees,, and their Tenants, Polr-nbn ^^ "*'""'° may have free Accefs to enter to the Pofieflion of the faid Wadictt Lands in Time coming ; and the faid Court of Seflion is hereby authorized and required to proceed in the aforefaid Action in a fum- The Court to proceed in mary Manner, without abiding the Courfe of any Roll, and to give the like Decree or Decrees therein) the f.ud Aflion in a ^g would have been competent in Law in a feparate Action of Declarator and Removing againft each ummary ay, ^j- ^j^^ j-^jj Wadfcttcrs, proceeding upon the Order of Redemption laid down and prefcribed in their feveral Wadfet Rights. Wadfetters may com- « VI. And whereas it may happen that fome of the faid Wadfcttcrs may not be duly veftcd and t'!l"!r'''chSe'rT' &c ^""'^'^^^ '" ^^^ faid Wadfett Lands, fo as to be enabled to difcharge and renounce their Wadfett Rights from the Commiflioners * in a habile and proper Manner ;' Be it therefore cna6ted by the Authority aforefaid. That it fiialL and may be lawful to and for all and every Perfon or Perfons having Right to fuch Wadfetts, and ta the Decrees of the Court of Seflion fuftaining the fome, to compleat their Titles in the Wadfett Lands refpcctivtly, by obtaining Charters, Precepts of Cl.irc Conjlat^ or other Warrants for Infcoft- incnt, from the faid Commiflioners and Truftees, in the fame Way and Manner, and upon. paying the ufual Fees ; Payment of the fame Fecs, as by this A6t is made competent to tlie VaflTals of the faid annexed Eftates. and upon compleating VII. And be it ena6ted by the Authority aforefaid, That upon complcating fuch Tides, and grant- the fimcj.ind granting jj^g ^y^^ propcr Difchargcs aiid Renounciations of the faid Wadfett Rights, or of any of them, and duc^n? t^hc f^me loThe producing the famc before the Barons of the {xxiiZowxX. of Exchequer^ together with the Decree oc naroiroi theExchcqu'r, Dccrccs of the Court of Scffion fuftaining the Claim or Claims of fuch Wadfetter or Wadfetters, the v/itl. iJxrfc: of th-jCourc Barons of thc faid Court of Exchequer, or any three or more of them, fhall, and they arc hereby im- fuaainiiifi ibe Uiims J po.vcrcd and required, to make out Debentures or Certificates for the feveral Sums of Money which fliaO
 * to be produced, in his Majefty's Court of Exchequer in Scot/and^ the Decree or Decrees of the
 * Debentures or Certificate?, under their Hands, for the feveral Sums of Money which fliall appear
 * Debentures or Certificates are direfted to be paid, at Sight, by the faid Bank or Banks, out of the
 * Creditors aforefaid, Ihall not be produced in his Majefty's faid Court of Exchequer, on or before
 * the fifth Day oi July one thoufand feven hundred and fixty-one, as aforefaid, fuch Claim or Claims
 * fhal! not carry any farther Intereft after the faid firft Day of July one thoufand feven hundred and
 * fand three hundred and forty-eight Pounds nine Shillings and five Pence, was ifliied by the Com-
 * mifiioners of his Majefty's I'reafury, and lodged in the Royal Bank of Scotland at Ed:nDurgh, pre-
 * charging the Debts and Waafet Sums aforefaid, and has, in part, been applied in paying and dif-
 * their feveral Wadfett Sums, and cannot be removed from that Pofl^eflion until their Wadfetts are
 * redeemed by Payment or Confignation of their feveral Wadfet Sums, according to the Order of
 * Profits oi the faid ^''adfett Lands, and, in the mean Time, the Money provided by Parliament,
 * and lodged in the faid Bank for difcharging thefe Wadfets, remains a dead Stock bearing no Intereft :
 * And whereas the profecuting of feparate Declarators of Redemption, and removing againft each of
 * the faid Wadfetters, would be attended with great Delay, and unnecefiary Expence to the Pub-