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fors.

to make and

in every fuch case it shall be fufficient for fuch perfons appointed, Quakers apor to be appointed affeffors for the purposes aforefaid, inftead of pointed afterthe oaths appointed by the faid act to be taken by the faid affeffors, to make and fubfcribe the declaration of fidelity prescribed by an act made in the first year of the reign of King William fubfcribe the and Queen Mary (intituled) An act for exempting their Majeflies declaration of proteftant fubjects, diffenting from the church of England, from the fidelity. penalties of certain laws) and that all certificates in writing, returned to the commiffioners for the faid duties, verified by any fuch perfons upon their affirmation, fhall be as valid and effectual, as if the fame were verified upon their oath, in the man- verified upon ner directed by the faid act; any thing therein contained to the affirmation to contrary thereof in any wife notwithstanding.

CAP. XLIII.

An all for taking away and abolishing the heretable jurifdictions in that part of Great Britain called Scotland; and for making fatisfaction to the proprietors thereof; and for reftoring fuch jurifdictions to the crown; and for making more effectual provifion for the adminiftration of juftice throughout that part of the united kingdom, by the King's courts and judges there; and for obliging all perfons acting as procurators, writers, or agents in the law in Scotland to take the oaths; and for rendering the union of the two kingdoms more complete.

FOR remedying the inconveniencies that have arifen, and

1 W. & M.ft. 1.

C. 18.

Certificates

be valid.

may arife from the multiplicity and extent of heretable jurifdictions in that part of Great Britain called Scotland, for making fatisfaction to the proprietors thereof, for reftoring to the crown the powers of jurifdiction originally and properly belonging thereto, according to the conftitution, and for extending the influence, benefit, and protection of the King's laws and courts of juftice to all his Majefty's fubjects in Scotland, and for rendering the union more complete; be it enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That all heretable jurifdictions of jufticiary, and all regalities and All heretable. heretable baillieries, and all heretable conftabularies, other than jurifdictions, the office of high conftable of Scotland, and all ftewartries, be- &c. in Scoting parts only of fhires or counties, and all theriffhips and de- fice of high puty sheriffihips of districts, being parts only of fhires or coun- conftable exties within that part of Great Britain called Scotland, belonging cepted, unto, or poffeffed or claimed by any fubject or fubjects, and all jurifdictions, powers, authorities, and privileges thereunto appurtenant or annexed, or dependant thereupon, fhall be, and

land, the of

they are hereby, from and after the twenty fifth day of March, in to ceafe from the year of our Lord one thousand seven hundred and forty eight, 25 March, abrogated, taken away, and totally diffolved and extinguished. 1748. II. Pro

The lands, rents, and

certain duties annexed to

II. Provided always, That all lands annexed or belonging to the faid heretable bailleries, stewartries, and constabularies, hereby intended to be diffolved and extinguished, and the rents and the heretable duties, confifting of money, victual, cattle, or other goods, paybaillieries, &c. able to the poffeffors of the faid heretable baillieries, ftewartries, or conftabularies, shall remain with and belong to them, their heirs, and fucceffors, and continue to be enjoyed by and paid to them, their heirs, and fucceffors, notwithstanding the extinction of the faid offices.

to remain.

All heretable

the King's courts and judges.

III. And be it further enacted by the authority aforefaid, That jurifdictions to all jurifdictions,powers, and authorities legally vefted in, or bebe vefted in longing to any fuch jufticiary, regalities, baillieries, conftabularies, ftewartries, therifffhips, and deputy sheriffships, or any of them, fhall, from and after the faid twenty fifth day of March, be vested in and exercised by the court of feflion, court of jufticiary at Edinburgh, the judges in the feveral circuits, and the courts of the sheriffs and stewarts of fhires or counties, and other of the King's courts in Scotland respectively, to which fuch jurifdictions, powers, and authorities would now by law have belonged, in cafe fuch jufticiary, regality, baillierie, conftabulary, ftewartry, fherifffhip, or deputy sheriffship, had never been granted or erected; and that the feveral towns, villages, places, diftricts, and bounds which lie within, as were fubject to fuch jufticiary, regalities, baillieries, conftabularies, ftewartries, theriffthips, or deputy fherifffhips, hereby taken away and diffolved respectively, and the inhabitants and refidenters within the fame, from and after the faid twenty fifth day of March, (hall be subject to the jurisdiction and authority of the said court of jufticiary at Edinburgh, the judges in their circuits, the sheriffs, and the courts of the sheriffs or ftewarts of counties or fhires, and fuch other of the King's courts as aforefaid refpectively, in the fame manner as fuch towns, villages, places, districts," and bounds, and the inhabitants and refidenters within the fame, would have been, in cafe fuch jufticiary, regalities, baillieries, conftabularies, ftewartries, fherifffhips, or deputy sheriffships had never existed.

All heretable fheriffships, &c. to be re

fumed and annexed to the

crown.

Sheriffships,

&c. not to be granted for a

IV. And it is hereby further enacted by the authority aforefaid, That from and after the faid twenty fifth day of March, all fheriffships of any county or thire, and all ftewartries, not hereby before taken away and extinguished, within that part of Great Britain called Scotland, granted unto, or poffeffed by, any fubject or subjects, either heretably, or for life, and all jurifdic tions, authorities, or privileges thereunto belonging or annexed, or dependant thereupon, fhall be, and they are hereby resumed and annexed to the crown; and that the sheriffs and stewarts of fuch counties, fhires, and ftewartries refpectively, fhall, from thenceforth, be nominated and appointed by his Majesty, his heirs and fucceffors.

V. Provided always, and it is hereby enacted by the autho rity aforefaid, That no fherifffhip or ftewartry of any county, fhire, or district, within that part of Great Britain called Sest

land,

land, fhall, at any time hereafter, be granted to any perfon or longer term perfons whatsoever, either heretably, or for life, or for any cer- than 1 year. tain term exceeding one year; and that no jufticiary, regality, Grants of juconftabulary, or baillierie, nor any judicature, jurifdiction, au- fticiary, &c. thority, or immunity of the like nature or kind, within that contrary to this act, null. part of Great Britain called Scotland, fhall, at any time hereafter, be erected, created, or granted, but that all letters patent, gifts, and grants of any of the premiffes, made contrary to the true intent and meaning of this act, fhall be, and they are hereby enacted and declared to be null and void, to all intents and purposes whatsoever.

&c. taken a

way.

VI. And be it further enacted by the authority aforefaid, That Compensation reasonable and just compenfation and fatisfaction fhall be made to be made for out of the next aids to be granted in parliament, for and in re- jufticiaries, fpect of every fuch jufticiary, regality, therifffhip, deputy sheriffihip, ftewartry, conftabulary, and baillierie hereby taken away and diffolved, or resumed and annexed to the crown, to all and every perfon and perfons refpectively, who fhall appear to be lawfully poffeffed of any fuch juftic.ary, regality, fheriffship, deputy sheriffihip, ftewartry, conftabulary, or baillierie, and to every clerk thereof, who was on the eleventh day of November, one thousand feven hundred and forty fix, lawfully poffeffed for life of his clerkship, in cafe fuch office fhall be neceffarily extinguished in confequence of this act.

1747 i

vouchers to

vocate, &c.

VII. And be it further enacted by the authority aforefaid, That Claims, &c. all and every person and perfons lawfully poffeffed of any fuch to be entered jufticiary, regality, fheriffhip, deputy sheriff(hip, ftewartry, con- before 11 Nov ftabulary, baillierie, or clerkship, fhall, on or before the eleventh day of November, in the year of our Lord one thousand seven hundred and forty feven, make and enter his, her, and their claim or claims thereto refpectively in the court of session in Scotland; and all fuch claims, with the titles or vouchers pro- and to be givduced in fupport thereof, fhall be given out in the ufual man- en with the ner to his Majesty's advocate for Scotland or his deputy, or to his Majefty's folic.tor general there, who are hereby authorized the King's adr and required to appear on behalf of his Majefty, to defend or object against all or any fuch claim or claims, as they fhall find caufe to oppofe, either in refpect of the validity of the claimant's title to the jurifdiction therein set forth, or of the value or price thereof; and the faid court of feffion fhall, in a fummary way, Court to exaexamine the feveral and respective titles to the fame; and in mine the ticafe they fhall find any fuch perfon or perfons to have been fo ties in a fumlawfully poffeffed as aforefaid of any fuch jufticiary, regality, and adjudge fheriffhip, deputy sheriffhip, ftewartry, conftabulary, baillierie, the value; or clerkship, then the faid court fhall, with all poffible difpatch, and make cerconfider and declare their opinion, touching the value or price ticates to his thereof, and fhall caufe all fuch opinions to be entered in a roll council; or book to be kept for that purpose, and make certificate or Copics to be certificates thereof to his Majefty, his heirs or fucceffors, in his laid before or their privy council; copies of which fhall be laid forthwith parliament. before both houfes of parliament.

VOL. XIX.

K

VIII. And

mary way,

Court to fit in

&c.

VIII. And be it further enacted by the authority aforesaid, the vacation, That the court of feflion fhall be, and is hereby authorized and impowered to meet and proceed on all fuch claims as thall be exhibited pursuant to this act, in the times of vacation, and upon Monday, as well as upon other days, during the time of feffion; and the faid court of feffion is hereby required to fit for the purposes aforefaid, during the whole month of March next after the faid eleventh day of November, in the fame manner as during the feffion time, unless they fhall fooner have difcuffed the matters and things, and made the certificates hereby di rected.

Court to order IX. And it is hereby further enacted, That the faid court of the production feffion, for the better difcovery of the truth in the enquiries and of papers. determinations hereby directed to be made, fhall and may, and they are hereby authorized and impowered to order and compel the production of all books, papers, and writings, in any wife relating to any of the matters or things, which they are hereby impowered to examine into, determine, or declare their opinions upon, and to examine any perfon or persons, either parties or witnesses, upon oath, concerning the fame, and allo concerning any books, papers, and writings, relating to any fuch matters or things, either in general, or by particular defcription.

Where here

tions are fo

laid out in

try,

X. Provided always, That in all cafes where any fuch herettable jurifdic- able jufticiary, regality, fherifffhip, deputy sheriffihip, stewarcircumstanced conftabulary, or baillierie, fhall be fubject to any ftrict that they can tailzie, affected with irritant and refolutive or prohibitive claufes, not be aliened, or fo fettled, limited, mortgaged, or incumbered, that the poíthe court to feffor thereof cannot difpone or alien the fame, either gratuit. order the fum oufly, or for an onerous caufe, the fum or fums of money to be decreed to be allowed for or in respect of the value or price thereof, fhall, by purchase of the order and direction of the faid court of feffion, be laid out fands, &c. and invested in the purchase of lands, tenements, or heretages, within that part of Great Britain called Scotland; which faid lands, tenements, or heretages, fhall be difponed and fettled to the fame uses, and under the fame limitations and reftrictions, for the benefit of fuch perfon and perfons, and in the fame courfe of fucceffion, and fubject to the fame mortgages and incumbrances to or upon which fuch heretable jufticiary, regality, fheriffihip, deputy fherifffhip, ftewartry, constabulary, or baillierie, was fettled, or ought to have gone or ftood fubject unto. XI. Provided alfo, That in fuch cafes as aforefaid, and where the entailed eftate is fubject to, or affected with, any debts of the maker of the entail, or other debts that are effectual to charge the eftate, not being contracted by the prefent fiar or proprietor thereof, it fhall and may be lawful to apply the money to be allowed for or in refpect of the jurifdictions hereby abrogated, that were attendant on fuch tailzied cftate, for paying off or clearing fuch eftate of the debts of the maker of the entail, or other debts affecting the fame, as aforefaid, and that the refidue only (if any fuch fhall be, after the payment of those debts)

Where estates

are fubject to the debts of

the maker of the entail, the money to be applied in paying off the fame,

be

be laid out in the purchase of other lands or heretages in manner above mentioned.

XII. And it is hereby further enacted by the authority aforefaid, That it fhall and may be lawful to and for any perfon or perfons having any eftate, right, title, or intereft in or unto any fuch jufticiary, regality, fheriffship, deputy sheriffship, ftewartry, conftabulary, or baillierie, either in poffeffion or expectancy, and to and for any heir of tailzie, or any fubftitute in any fuch tailzie, where the fame, or any of them, fhall be ftrictly entailed as aforefaid, or to or for any guardian, tutor, curator, or trustee, on behalf of any infant or minor, ideot, lunatick, or fatuous or furious perfon, having any fuch eftate, right, title, or intereft, or being fuch heir of tailzie, or fubftitute, as aforefaid, or for any mortgagee or incumbrancer, to make and enter his or her claim thereto in manner before directed, and also to exhibit or prefent a petition to the faid court of Court to be feffion, praying the directions of that court for laying out or in- petitioned for vefting any fuch fum or fums of money in the purchase of lands, laying out the tenements, or heretages as aforefaid, or for placing out the fame money; upon any good fecurity, until fuch purchafe fhall be found; and the faid court of feffion are hereby authorized and required to proceed upon every fuch petition in a fummary way, and to make fuch order, and give fuch directions thereupon, as fhall

be agreeable to juftice, and the nature of the cafe; and in the which is to be mean time, until fuch order and directions fhall be made and lodged in bank till the court given as aforefaid, all and every fum and fums of money, which hall make orfhall be affeffed or allowed for the value of any fuch justiciary, der. regality, fheriffship, deputy sheriffship, ftewartry, conftabulary, or baillierie, belonging to any fuch infant, minor, ideot, lunatick, fatuous or furious perfon, or subject to such strict tailzie, or fo fettled, limited, mortgaged, or incumbered, fhall be paid unto, and remain in either of the banks of Scotland; and from and after fuch order made, or directions given by the faid court of feffion, fuch fum or fums of money fhall be paid out to fuch perfon or perfons, as by the order or interloquitor of the said court fhall be authorized and appointed to receive the fame.

XIII. Provided always, That all and every perfon and per- Perfons not fons, who fhall neglect or omit to make and enter his, her, or entering their their claim or claims, in refpect of any of the jurifdictions here- claims excludby abrogated, and of fuch clerkships as aforefaid, within the ed. time, and in the manner herein before directed, fhall be for ever excluded from the benefit of compenfation and fatisfaction hereby provided.

XIV. And be it further enacted by the authority aforefaid, Proceedings of That all fuits, decrees, fentences, interloquitors, judgments, the courts, executions, and proceedings, of or in any court hereby abrogat- had before ed, taken away, and diffolved, which were depending, pro- confirmed. 25 March, nounced, awarded, or had, before the faid twenty fifth day of March, fhall be and remain of the fame force, effect, and validity, and in the fame ftate and condition, as the fame would refpectively have been in cafe this act had not been made; and

K 2

that

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