Page:The Laws and Acts of Parliament of Scotland.djvu/788

This page has been proofread, but needs to be validated.

8
Act of the Convention of Eſtates

from the firſt day of January inſtant. And where any Complaint or Repreſentation ſhall be made of the Valuations by any perſons concerned that the Valuations are unequal, and that the Lands and other real Eſtate and Rents within the Shires or Burghs, are either over, or undervalued; The Commiſſioners are hereby impowered to hear and determine upon the ſaids Complaints, and upon trial, to rectifie all ſuch Valuations as they ſhall find unequal. And they are to take courſe that all perſons within the Shires and Burghs be equally and proportionally burdened: And in order hereunto, all perſons who conceives themſelves grieved by former Valuations, are hereby appointed and warranted to make application to the Commiſſioners of the reſpective Shires and Burghs where their Eſtates ly, betwixt and the tenth day of April next: And the faids Commiffioners, or Quorum thereof (which is hereby declared to be the Major part} are ordained to proceed and determine thereupon, and to perfect and cloſe their Valuations betwixt and thee firſt day of June next. And their firſt meeting to be the ſecond Wedneſday of March, at the head Burgh of the Shire, and thereafter to adjourn their meeting to ſuch diets and places as they ſhall think fit. It is alwayes provided, that this ſupply for the firſt three Moneths, to be levied and paid according to the Valuations already made: But after that any of the ſaids Valuations ſhall be rectified, the ſupply is then to be payed according to the ſaid rectification. And thoſe perſons whoſe Valuations ſhall be rectified, are in the firſt end of the next payment to have retention of what they ſhall have payed more then their juſt proportion in the former Moneths: And theſe perſons who ſhall be found to have been undervalued, ſhall after the rectifying of the Valuations pay their proportions accordingly and what they ſhall have payed leſs then their juſt proportions for the former Moneths, they ſhall alſo pay the ſame to the Collector, for relief of thoſe that payed more then their proportions. It is alwayes underſtood, that the total proportion upon the whole Shire ſhall remain intire, without any alteration or diminution. And further, the ſaids Commiſſioners are hereby impowered to call before them all perſons concerned, and to direct Precepts, if need beis, againſt Parties and Witneſſes; and to take Oaths, and uſe all other means of tryal, and to call for their aſſiſtance, information and advice, all ſuch perſons within the Shire or Burgh as they ſhall think fit, and if any ſhall refuſe, the Commiſſioners are to repreſent the ſame to the Lords of His Majeſties Privy Council, that they may be cenſured for their contempt. And the ſaids Commiſſioners are alſo hereby impowered to preſcribe and ſet down ſuch Rules and Orders within the reſpective Shires and Burghs, as may be moſt effectual for the ſpeedy and eaſie railing, leavying, and bringing in of the ſaid ſupply, and ordering and doing every thing that may concern the ſame: And particularly, with power to them to chooſe their own Collectors for in-gathering of the ſaid ſupply, for whom they are to be anſwerable, and to allow them and their Clerks ſuch Fees, to be payed by the Shires and Burghs, as they ſhall think fit. And which Collectors and Clerks are to take the Oaths, and ſign the Declaration foreſaid. And the Kings Majeſty doth with advice and conſent of His Eſtates, ordain all execution real and perſonal to paſs at the inſtance of the Collector General, and the Collectors of the reſpective Shires and Burghs, againſt all perſons deficient in payment of their proportions, as formerly: And alſo, impowers the Commiſſioners by their Officers, to Arreaſt, Poynd and Dſitrenzie the Goods, and Impriſon the Perſons of the Deficients, ay and while they make payment of their juſt proportions and neceſſary expenſes. And for the more ready and effectual payment, doth alſo impower the Commiſſioners and Collector General to Quarter upon Deficients, with this expreſs proviſo, that every Horſe-man that ſhall be upon the place, ſhall have only free ſingle Quarter allotted to them upon the perſons Deficient, or be Quartered in Burghs or Villages, as the Commiſſioners ſhall appoint; and in that caſe to have fifteen ſhillinhs Scots a-day, from the time of preſenting the Order to the Collctor, and their ſtay upon the place, or eight ſhillings for their own Diet, and the Commiſſioners to cauſe provide every Horſe with twenty pound weight of ſufficient Straw, and three fourth parts of Oats in the twenty four hours, if the Horſe-men cannot conveniently provide themſelves in the places where they ly: And each Foot-man to have four ſhillings Scots, or their Diet, as the Commiſſioners ſhall order; and the Commander of the Party, Horſe or Foot, to have only double Quarter, or pay of an Horſe-man or Foot-man as he ſerves. And declares, that in order to the Quarters, and matters relating to the in-bringing of this ſupply, any three of the Commiſſioners ſhall be a Quorum, and who are impowered to proportion upon, and raiſe from the Deficients the expence and charge of their deficiency. And the Kings Majeſty considering, That the Land and real Rent of the Kingdom, is lyable to His Majeſty for this ſupplie, and that the ſaid Land-rent is under many other great burdens, and His Majeſty being deſirous to eaſe the ſame ſo far as is poſſible: Doth therefore, and for relief thereof, with advice of His Eſtates, Statute and Ordain, that all perſons, Inhabitants within the ſeveral Shires, paſt ſixteen years of Age (excepting Archbiſhops, Biſhops, Noblemen, Barons, Heretors, Liferenters, and Beneficed Perſons, bearing burden for their real Eſtates, and all Beneficed Perſons, whoſe Benefices exceed not the ordinary Value of Modified Stipends; all Stipendary Miniſters, School-Maſters, Readers, Precentors and their Wives and Children: And alſo excepting the Colledge of Juſtice, and Members thereof; Officers of the Mint, and their Wives, Children and Servants) be Taxed, and pay into the Heretors and others lyable for real Rent, under whom they live, and for their relief, the ſums of Money after-mentioned, for this year, one thouſand. ſix hundred ſixty ſeven; viz. Each Gentleman above the quality of a Tennant, the ſum to be appointed by the Heretor, not exceeding ſix pounds Scots for himſelf, his Wife and Children; And each Tennant and other Inhabitant, above the quality of a Tradſman, Cotter, or Servant, for themſelves and their Wives, any ſum not exceeding four pounds Scots; And each Tradſman, Cotter, orServant,