Page:Ruffhead - The Statutes at Large - vol 7.djvu/174

130 C. 34. Anno viccfimo prlmo Georgx"! H. A. D. 174-8. ' nan's ii) fyc'itltincl^ who ilioLild continue peaceable, and in dutiful AUegiance'to his Majefty, his Heirs and ' Succcllor-', bruickiiig and occupying any Lands, Milns, Minea, Woods, Fifnings or Tenements, as Te- ' nantor Tenants, Taxman or Taxmen, from and under any Perfon guilty of any of the High Treafons ' in the faid Aft mentioned, fhoiild, and they were thereby ordained to bruick and occupy all and eveiy ' fuch Lands, Mines, Pi/Iilns, Woods, Fifhings and Tenements, for the Space of two Years, or Crops, to '■ be ateoiuited from and after the Attainder of fuch Perfon, freely, without Payment of any Rent, Duty or 'Service, foi" the faid tv/o Years or Crops j and that if any Siibjedl of Great Britai??, holding Lands or ' Tenem.ents of a Subjeft fuperior in Scotland, had been, or fhould be guiltv of the High Trcafon or Trea- ' Ions in the faid A6t mentioned, the Lands or Tenements of every fuch Offender, held of any Subject fu-^ ' perior i-n Scotland^ fhould recognofce and return into the Hands of the Superior, and the Property' {hould ' be, and v/as thereby confolidated with the Superiority, in the fame Manner as if the iams Lands or Te- ' nenients had been by the Vaffal refigned into the Hands of his Superior, ad pcrpctuam Rcmanentiam ; and ' in cafe any Tenant or Tenants, Taxman or Taxmen, hruicking and occupying any Lands, Mines, ' Milns, Woods, Fifliin^s or Tenements, being guilty of fuch High Treafon or Treafons as aforefaid, and ' fhould he thereof duly convicted and attainted, the Title by which all and every fuch Tenant or Tenants, ' Taxman or Taxmen, did bruick or occupy as aforefaid, fhould ceafe and become void, and the Lands, ' Mines, Milns, Woods, Fiihings and Tenements fo bruicked or occupied, together with the fingle and ' LifcvRent Efcheat of fuch Tenant or Tenants, Taxman or Taxmen, fliould return to and be enjoyed and ' pofleflcd by the Perfon or Perfons from or under whom fuch Title was derived refpeftively, who flioulJ ' continue peaceable and dutiful to his Majefty, his Heirs and SucceflTors : And it is by the faid laft recited ' Acl further enafted. That no Perfon or Perfons who might reap or have any Profit or Advantage by ' the Attainder, Conviftion or Forfeitures of any Perfon or Perfons by virtue of the fame Aft, fhould be ' capable of being aWitnefs or Witnefles againfl any Perfon or Perfons by whofe Attainder, Conviftion or ' Forfeitures any Benefit fliould or might accrue to fuch Witnefs or Witneffes : And whereas the faid Act ' v/as made on the Occafion of the unnatural Rebellion which broke out in this Kingdom in the Year ' of our Lord one thoufand feven hundred and fifteen, but a Doubt had been conceived whether the Claufes ' hereinbefore recited, or fome Part thereof, do flill continne in Force, or not; and in cafe the fame ' fhould be adjudged fo to be, great Inconveniencies might infue therefrom for the future;' Be it there- The recitej o^ enaftcd by the Authority aforefaid. That fo much of the faid Aft as is before recited, be, and the fame Clauits repealed, is hereby, from and after the twenty-ninth Day of September one thoufand feven hundred and forty-eight, repealed, and declared to be no longer in Force. The King's XVIII. Provided always. That nothing in this Claufe contained fhall extend, or be conftrued to extend,' ^ff'-^^'it"^' ?".' *■" PsJ'jdice or afreft the Right, Title or Intereft of the King's moft Excellent Majefty, or of any othei' f^irciauie^ Perfon or Perfons, vefted or accrued by virtue or means of any Matter or Thing whatfever, happened or* done at any Time before the faid twenty-ninth Day of Sepfemher. Conftr«aion of XIX. Provided alfo, That nothing herein contained fliall be conftrued to extend or enure, to declare or tlie-faid Claufes. determine the faid Claufes herein before recited, or any Part thereof, to be or continue in Force till the faid twenty-ninth Day of 5(?/^-«/'«' ; but fuch Expofition and Conftruftion of the faid recited Claufes, and every Part thereof, fiiall be made, as to any Matter or Thing happening before the faid twenty-ninilt Day of Septrmbcr, as- would and ought to have been made in cafe this Aft had never been palled. ' ' XX. And whereas it is neceflary to make fome farther Provifion for the more efFeftually fupprciTing the ' Crimes of Theft of Cattle in the Highlands of Scotland, or the Depredations committed by the unlawful ' taking or maintaining the Polieffion of Cattle by Force and Violence;' Be it further enafted by the Au- The 'Evidence of tbority aforefaid. That from and after the twenty-fourth Day o( 'June ouq thoufond feven hundred and forty-* the Tarty con- eight, in all Trials or Profecutions within that Part of Great Britain called Scotland, for the Crimes of Theft cenied adiiiKteci^ of Cattle, Or the mafterful taking avvay or detaining the fame, it fliall not be allowed to be a good Ob-* 'ihei'i of Cattle J'^'^^" ^° ^'ly Witncfs produced for proving fuch Libel or Indiftment, that he was himfelf Particeps or So- das Criminis, nor fliall the Evidence given by fuch Witnefs be made ufe of againft himfelf, nor fhall h( be liable to be profccuted for his Acceff.on to the Offence which he ftiall as a Witnefs gi-c Evidence, thai the lame vvas committed by the Prifoncr or Panncl, in whofe Trial he fliall be fo adduced, or thai fuch Prifoner or Panncl was Art and Part thereof; any Law, Cuftom or Ufage to the contrary notwith-*! ftanding. ' XXI. And whereas by another Claufe of the faid Aft of the nineteenth Year of his prefcnt Majcfty'i ' Reign, there aie Penalties impofed on Perfons who fliall i-efort to, or frequent any Epifcopal I'Iccting' ' houfe or Congregation in Sc:t!a?id, not allowed by Law, who fliall not, within the Space of five Days/; ' give Information of fuch illegal Meeting to fome proper INIagiftrate: And whereas a Doubt has been raifed^j ' whether Perfons prcfent at fuch illegal Meeting, who did not, within the Space of five Days, give In ' formation thereof as al'orefaid, could be compelled to appear and give Eidencc againlf the Minillcr, on 'other Perfon offending againft the (aid Aft ;' <lje it therefore enafted and declared by the Authority afore-«| The ■Evidence faid, That in all Profccutions for Offences againft the faid Aft-, it fiiall and may be lawful and competent ot the Parly re- {q produce as Witneffes, whether againft the Minifter or Hearers, other Perfons prefent who may alfo ce"fTEVf"'!'i ^"^^'^ '^'^'^" gi-'il^y of offending againft the faid Aft; but the Evidence given by fuch Witneffes fhr.U not be Mec'tin^-hou'iv m^dc ufe of, or given in Evidence agaiul]: themfelvcs, upon any Profecution for any Penalty ir.fliftcd by aJmiltet: on ' the faid Aft. Trials for the fjid' Oflcnce, Covl'iinicd hy J3&0. 2. f. a6. Anno