Page:Ruffhead - The Statutes at Large - vol 4.djvu/368

3i6 C. 26. Anno fexto Ann.e Reglnje. A. D. 1707. ever, and all the Remedies and Means for the recovering the fame, or the Pofiefllon thereof, and all Ac- counts relating thereto, and alfoall and every Forfeitures and Penalties which have been incurred, or (hall or may incur or become any ways due and payable in Scotland, by Force or Virtue of any Law or Statute touching or relating to the Cuftoms Or Excife, or by Force or Virtue of any penal or other Laws or Sta>- tutes whatfoever, and alfo all Fines, Illues, Forfeitures, or Penalties, of what nature or kind foever hap- pening ariiing or accruing to the Qiieen's Majefty, her Heirs or Succeffor;; within Scotland, and all Infor- mations, Afiions, Suits or Dem.ands, and alfo all Obligations, Recognizances, Specialties and other Secu- rities, touching or concerning the before-mentioned Matters and Thing;, and all Profecutions, Remedies, and Accounts, for or concerning the fame, or other the PremifTes, fhall be within the Jurifdiftion and Au- thority of the faid QoMrtof Exchequei- in Scotland, and hereby are annexed to the faid Court; and the Ba- rons of the faid Court for the time being, fhall have and exercife, and by virtue of this Aft are and Power vefted in ^^'^ ^^ invefted with all Powers, Authorities, and Jurifdiftions as well judicial as otherwife, for the hear- the Barons. ing and determining of all Aflions, Suits, and Qiieftions in Law or Equity, touching the aforefaid Re- venues, Honors, Caftlcs, Manors, Lands, Tenements, Goods, Chattels, Debts, Duties, Forfeitures, Penalties, Profits, and all other Matters or Things herein before-mentioned, and annexed to the faid Court of Exchequer in Scotland, or the Jurifdiftion thereof; and that the faid Court of Exchequer in Scotland fhall and may acl, do, and proceed therein and thereupon in every Refpeft whatfoever, as by Law, or as the Court of Exchequer in England, by the Conftitution, Courfe, or Praftice of or in the faid Court, hath been or is enabled, or hath ufed or praftifed to do in the like Cafes in England, and upon and in all fuch Informations, Adtions, Suits, or Demands, or touching or concerning any the Premifles, or any the Pro- ceedings thereupon, fliall and may make all fuch Orders and Rules, and direcl:, award, and ilTue all fuch Writs, Precepts, Procefs, and Methods of Proceedings, as hath or have been, is, are, or may be done or pra£iifed in the fame or like Cafes in the Court oi Exchequer in England; all which Informations, A£l:ions, Suits, and Profecutions, Procefs, and Proceedings relating thereto, or to any the Premifles fhall be had, made, and done in the Office of the Remembrancer of the Qiieen's A/Iajefty, her Heirs or SuccefTors, in the faid Court of Exchequer in Scotland; and the faid Barons of the Court of Exchequer in Scotland are hereby authorized and required, in cafe of any Negleft or Default by any the Plaintiffs or Defendants in any the faid Informations, Actions, or Suits, or in any other Informations, Aftions, or Suits which fhall be com<- . menced, fued, or profecuted in the faid Court oi Exchequer in Scotland, for any Matter or Caufe what- foever within the Jurifdi£tion of the faid Court, to give and caufe Judgments to be entred againft any the Parties making Default to plead or proceed to Trial, and for Recovery and Condemnation of any Goods, Chattels, or other Things feized as forfeited, and for which no Claim fhall be duly entred, and to give and caufe Judgments to be entred in Cafes of Demurrers joined in any the faid Caufes depending before them, and to do, a£l:, and proceed in and about all and every the PremifTes, as fully to all Intents and Purpofes, as the Barons of the Court of Exchequer in England, by Law, or by the Courfe and Method of Proceedings in that Court, fhould or might, or could da, or order to be done in fuch or the like Cafes, Matters, or Things, in cafe the fame were or fhould be depending in the faid Court of Exchequer in Eng- land, and upon any IfTues joined in any the faid Caufes, or in any other Caufes triable in the faid Court Caufes triable by upon Matters of Fa<3:, or which would be triable or inquirable by Juries (if the fame were in England)^ the Juries, Barons oi tv& Exchequer in Scotland, are hereby authorized and required to caufe the fame to be tried, either at the Bar of the faid Court, or elfewhere, at fuch Times and Places as fhall be for that Purpofe by the Court appointed, by a Jury of twelve Pecfons of that County, Shire, City, or Place in Scotland, where the faid Matters in IfTue to be tried did arife, or of fuch other County, Shire, City, or Place in Scotland, where the faid Court oi Exchequer fhall order or direft the fame to be laid and tried ; each of which Jury- men fhall at the Time of fuch Trial have and be feized in his own Right, or Right of his Wife, of Lands or Tenements of an Eftate of Inheritance, or for his or her Life, within the County, Shire, City, or Place from whence the Jury is to come, of the yearly Value of five Pounds at the leafl:, or fhall be then worth in Goods, Chattels, and perfonal Eftate, the Sum of two hundred Pounds Sterling at leafV, and for want thereof, or for any jufl: and reafonable Caufe, fhall be fubjeft to be challenged and fet afide ; and in aH Verdi(3s to be given by the Juries, the whole Number of twelve muft agree ; and the faid Barons of the Court of Exchequer in Scotland, and fuch of them before whom any fuch Trials fhall be, or fhall be ap- ■ pointed to be, fhall, by virtue of this Adl: have full Power and Authority to proceed to fuch Trials, and to make, award, and ifTue all fuch Orders, Rules, Writs, and other Procefs, and do or caufe to be done^ all other Afts, Matters, and Things of what Nature foever, as well in order to any fuch Trials and No- tices for the fame, as in, upon, and after the faid Trials, in every Refpedl whatfoever, whether v/ith Re- lation to Sheriffs and other Officers, Parties, Jurors, WitnefTes, Challenges, or other Matters or Pro- ceedings in, about, or relating to any fuch Trials, or the Verc'idts to be taken thereupon, or Nonfuits therein, and have and execute as fully and amply to all Intents and Purpofes, all Powers, Authorities, ^nd Jurifdiftions, relating to, or proper for any fuch Trials, or the Matters for which fuch Trials fhall or ought to be, in every Refpedi: whatfoever, and for awarding Cofts upon the Account of any fuch Trials, or for not proceeding to Trial, and for awarding any new or other Trials, as the Barons of the Court of Exchequer in England, or any of them, before whom any Trials, either at the Bar, or otherwife, have been or fl;)ou]d have been by the Laws of England, or by the Conftitution, Power, or Pracftice of the faid Court oi Exchequer in England, or by virtue of any Law or Statute, CommaifHon or Authority whatfoever, hath or have been, is or are enabled, or have ufed to make, do, or execute in or concerning any fuch or the like Trials or Cafes in England; and after any fuch Trials had, the faid Barons of the faid Court of Exchequer in Scotland, and the Officers, Attornies, and Clerks in the faid Court, fhall and are hereby en- abled and required to give Rules, and do all other Things in order for Judgments to be entred in the faid Court