Page:Ruffhead - The Statutes at Large - vol 5.djvu/674

63 C. 28. Anno decimo tertio Georgii Regis. A. D. 1726. 9 Geo. j c. 19, 5 Geo. 1. c. i». 7 Geo. I.Stat. I. c. 22. Bjrons of Ex- chequer in Scot- land Co fell the forfeited Eftates there, under the fames Rules vs the Commifiio- cers were to ait. all and every trie Caftles, Honours, Lordfhips, Manors, MefTnages, Lands, Tenements, and all other iftate Real and Perfonal whatsoever within Great Britain or Ireland or elfewhere, whereof any Peifonor Perfons, who fince the twenty-fourth Day of June one thoufand feven hundred and fifteen had been at- tainted, or before the twenty-fourth Day of June one thoufand feven hundred and eighteen fhould be at- tainted by any of the Laws or Statutes of this Realm, for High Treafon committed before the firft Day of June one thoufand feven hundred and fix teen, within Great Britain or elfewhere, was, were, or fhould have been feifed or poiTefTed of, or interefted in, or iniitled unto, on the twenty-fourth Day of June one thou- fand feven hundred and fifteen, or at any Time afterwards, in his, her or their own R-ight, were vefted in his Majefty, for the Ufe of the Publick ; and to the Intent that the. fume, and the Rents and Profits thereof, might be known and difpofed of for the Ufe of the Publick, and that the feveral Debts and In- cumbrances affecting the fame might be difcovered and made good to the lawful Creditors and Claimants, certain Commiffioners in the Act named were appointed to enquire of the Eftates fo vefted in his Majefty, and to receive the Claims of all Perfons who, within a Time limited by the faid Act, fhould exhibit their Claim to any Debt, Incumbrance or Intereft whatfoever affecting the Premiffes: And whereas by another AftpafTed in the fourth Year of his Majefty's Reign, intituled, An ASi forvefling the forfeited EJlates z# Great Britain and Ireland in Truftees, to be fold for the Ufe of the Publick, and for riving Relief to lawful Creditors, by determining Claims ; and for the more effectual bringing into the refpeciive Exchequer, the Rents and Prof ts of the faid Eftates till fold, all and every the faid Caftles, Honours, Lordfhips, Manors, Meffur.ges, Lands, Tenements and other Eftate Real and Perfonal whatfoever, which by the aforefaid Aft ftood vefted in his Majefty, were vefted in the Commiffioners and Truftees named in the faid Aft, and the faid Commiffioners and Truftees were impowered and required, to fell and difpofe of the fame for the Ufe of the Publick, in the Manner and by the Rules in the faid Aft particularly defcribed ; and the faid Commiffioners and Tru- ftees were further impowered and required to hear and determine all Claims lawfully entred with them, on, out of or concerning any of the forfeited Eftates fo vefted in them ; and the Judgments and Determinations by them to be given on fuch Claims were to be final, unlefs an Appeal fhould be entred with the faid Com- miffioners and Truftees againft fuch Judgment or Determination, within twenty Days after the making thereof; in which Cafe the faid Commiffioners and Truftees were required to tranfmit the faid Appeal to a. Court of Delegates, whom by the faid Aft his Majefty was impowered to authorize and appoint for hear- ing and determining all Appeals made from the Judgments of the faid Commiffioners and Truftees, in the Manner and by the Rules particularly mentioned in the faid Aft : And whereas by a Claufe in an Aft palled in the ninth Year of his Majefty's Reign, for continuing the Duties for the Encouragement of the Coinage of Monies, and other Purpofes therein mentioned, the Powers and Authorities for hearing and de- termin of the Claims on the forfeited Eftates, which by two Afts of Parliament palled in the fifth and feventh Years of his Majefty's Reign, were continued to the twenty-fourth Day of June one thoufand feven hundred and twenty-two, and from thence to the End of the next Seffion of Parliament, with re fp eft to the Commiffioners and Truftees acting in Scotland, were enlarged and continued to the twenty-fixth Day of March one thoufand feven hundred and twenty-four ; and the Powers granted to his Majefty for appoint- ing Courts of Delegates to determine Claims and Cafes of Appeals from the faid Commiffioners and Tru- ftees, and refpefting fuch Court of Delegates in Scotland only, were enlarged and continued to the twenty- ninth Day of April one thoufand feven hundred and twenty-four : And whereas by another Claufe in the faid AcT: laft mentioned it is declared that the forfeited Eftates in Scotland, by any former Aft or Acts of Parliament vefted in the faid Commiffioners and Truftees, which on the twenty-fixth Day of June one thou- fand feven hundred and twenty- four fhould remain unfold, fhall be thereby divefted out of the faid Com- miffioners and Truftees, and vefted in the King's Majefty, his Heirs and SuccefTors, for the Ufe of the Publick ; and whereas on the faid twenty-fixth Day of June one thoufand feven hundred and twenty-four certain of the faid forfeited Eftates remained unfold, which are now revelled in his Majefty for the Ufe of the Publick, and certain Appeals taken againft the Judgments and Determinations of the faid Commiffio- ners and Truftees remaining undecided, the Term limited for the Decifion of the Court of Delegates, having expired before they could regularly hear and determine thofe Appeals,' Be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Tem- poral, and Commons, in this prefent Parliament afiembled, and by the Authority of the fame, That the Barons of his Majefty's Court of Exchequer in Scotland, or any three of them, (hall and are hereby im- powered and required toexpofe to Sale, and to fell to the higheft Bidder, the faid forfeited Eftates, and eve- ry Part of them, in the fame Manner, and according to the fame Rules that the faid Commiffioners and' Truftees were to aft under, and to apply the Rents and Profits of the faid Eftates till fold, and the Produce of then when fold, in the fame Manner that the faid Commiffioners and Truftees were obliged and directed to apply the fame ; and to do every other Matter and Thing in refpeft to the Sale of the faid Eftates, and the appointing Receivers or Stev/ards on fuch Eftates till fold, in fuch Manner and Form, and according to fuch Rules, as the faid Commiffioners and Truftees were impowered to do. " Barons to call before them Purchafers who have not paid the full Price. Penalty on Purchafer not pay- " ing. Barons to execute Indentures of Bargain and Sale, iSc. His Majefty may appoint a Court of De- " legates to hear Appeals. All Books, &c. lo ! ged with the Commiffioners, to be delivered into the Court " of Exchequer in Scotland, and the Books of the former Delegates to the new ones. Claim determined by "■ the Delegates for Money, to be paid out of the forfeited Eftates in the firft Place. The Eftates fubjeft " to the feu Duties to the Crown. The Net Money to be applied as by Aft of Parliament is directed. " Company of York- Buildings not to be prejudiced. Tenants of the late Earl of Scaforth acquitted from " all Rents from 24 June 17 15, till 15 May 1725." EXP. CAP.