profits,

ing the time of his, her, or their occupation thereof, and shall answer and pay the value thereof unto the faid receiver-general, not paying the at fuch days or times as thall be appointed by the faid barons, or any three or more of them, or in default thereof shall forfeit to forfeit doudouble the value of the fame profits by him, her, or them re- ble. ceived, for the ufe of his Majefty.

XII. Provided nevertheless, if any fuch perfon or perfons On their dif fhall, on or before the first day of December, one thousand seven covery, hundred and forty feven, discover to the faid barons, fuch lands, tenements, or hereditaments fo by them enjoyed (the fame be

ing concealed till the time of such discovery) all and every fuch to be dischargperfon and perfons are hereby declared to be difcharged of and cd. from any account of the profits thereof received or had before tae faid first day of December: and whereas it is likely, that fince the faid twenty fifth day of June, the occupiers of feveral of the faid forfeited or forfeitable eftates and interefts, and other the premiffes, or others, may have prefumed to commit great fpoil, wafte, and deftruction upon the fame eftates, by cutting down great quantities of timber-trees, and other trees, woods, groves, and coppices, and otherwife; be it further enacted, Committing That every fuch occupier, and all and every other person and fpoil, perions, who fince the faid twenty fifth day of June, have committed, or at any time before the fale or fales of fuch premiffes, to be made in pursuance of this act, fhall commit any fuch spoil, wafte, or destruction, fhall pay treble damages for the fame, to to pay treble be afcertained by the faid barons, in a fummary way; and for damages. the speedy levying thereof to his Majefty's ufe, the like execution hall iffue forth, as in cafe of a debt due to his Majefty. XIII. And to the end that all and every the rents, iffues, and profits of the faid eftates may for the future, and until fale thereof as aforefaid, be effectually levied and paid into the said

exchequer; be it further enacted by the authority aforefaid, Stewards to be That it fhall and may be lawful to and for the faid barons, or appointed. any three or more of them, by and with the approbation of the faid commiffioners of the treasury, or of the high treasurer for the time being, to appoint ftewards, receivers, bailiffs, or factors, on the faid forfeited eftates, with full power to lett and fet the said eftates for any term not exceeding three years, and to receive the rents and profits, and to grant difcharges and acquittances thereof, and to hold courts, and pafs decrees for payment of rents, and to put the faid decrees in execution, and to do all acts, matters, and things necefiary for managing the said eftates, ufually done by stewards, receivers, bailiffs, or factors, on the faid refpective eftates, according to the laws in Scotland, and The minifters, particularly to pay yearly out of the faid rents, the ftipends or &c. money falaries of minifters and schoolmasters, and the cefs or land tax, and land tax to be paid. that thall by law be payable out of such eftates; the pay or falaStewards faries of which stewards, receivers, bailiffs, or factors, fhall not exceed the tenth part of the yearly value of the rents and profits of the forfeited eftates, for the management of which they shall be refpectively appointed.

I 3

XIV. Pro

lary.

Steward to take the paths;

XIV. Provided always, That all and every steward, receiver, bailiff, or factor, to be fo appointed, before he enter on the execution of his office, or be capable to perform any part thereof, fhall be approved of as aforefaid, and fhall take the oaths appointed to be taken by the faid act of the first year of his late and to give fe- Majefty, and fhall give bond to the King's majefty for a sum not

curity,

Eequeftrations

lefs than two years rent of fuch estate or estates as he fhall be appointed fteward, receiver, bailiff, or factor over, with fufficient fecurity for the payment thereof, in cafe he fhall fail to pay to the faid receiver-general at fuch days and times as he fhall be thereto required by the precept of the faid barons, or any three or more of them, all and every fum or fums by him received out of the eftate or eftates on which he fhall be appointed fteward, receiver, bailiff, or factor, and to account for all fuch fums as fhall remain due and payable in the hands of the tenants or poffeffors at the time of his accounting, by producing evidence that he hath ufed all due and lawful means and diligence for recovering of all fuch fums fo remaining due and payable; and all and every steward, receiver, bailiff, or factor, fhall be fully acquitted and discharged by the faid exchequer, upon his paying and accounting as aforefaid.

XV. And be it further enacted, That all and every fequeof the forfeited ftration, fufpenfion, arreftment, and other act and decree made citares, made and paffed in any court of judicature fince the first day of August, otherwife, one thousand seven hundred and forty five, or which fhall hereafter be made or paffed, otherwife than according to the directions of this prefent act, whereby any right, title, charge, or intereft in, to, out of, or upon any of the faid forfeited estates, hath been, or fhall be decided and determined in favour of any creditor, or perfons claiming intereft therein, or whereby any perfon or perfons have been, or fhall be intitled to poffefs any part of the faid eftates, real or perfonal, or to levy, receive, or difcharge any part of the rents and profits of the fame by any fuch decrees or fentences, or without any lawful title, are hereby declared to be void, null, and of no effect, as if the fame had never been made or paffed.

to be null.

XVI. And whereas feveral perfons in poffeffion of the meffuages, lands, tenements, and hereditaments which shall have been found by the faid barons to be forfeited and vefted in his Majesty by virtue of this aft, or who have received the rents and profus of the fame fince the twenty fifth day of June, one thousand feven hundred and forty fix, or are otherwife indebted to his Majefly by virtue of this al, may refufe or neglect to pay the fame unto the faid receiver-general, according to the direction of this act; be it therefore enacted by the authority aforefaid, That the faid barons, or any three or more of them, fhall and they are hereby impowered and refequeftration, quired to call to account all and every perfon or perfons, their heirs, executors, administrators, and fucceffors, who by virtue of any fequeftration, or other decree, made and paffed by any court of judicature, fince the first day of Auguft, one thousand feven hundred and forty five, or by virtue of any other right or

Perfons who have taken poffeffion by

&c. fince

Aug. 1745

40 account.

way, &c.

title, hath taken or retained, or shall take or retain poffeffion of any part of the faid forfeited eftates, real or perfonal, or have levied or discharged, or who fhall levy, receive, or discharge any part of the faid rents, iffues, or profits of the faid eftates (not herein before excepted) which have become due fince the twenty fixth day of June, one thousand seven hundred and forty fix, for his or their poffeffion or intromiffions with the fame, or who have incurred or fhall incur any penalty or penalties, or are otherwife indebted to his Majefty by virtue of this act, and upon his, her, or their appearance, or neglect, or refufal thereof, after being thereto duly required by precept as aforefaid, the faid barons, or any three, or more of them, fhall, and they are hereby impowered and required in a fummary way, without the Barons to formalities of proceedings in the courts of law or equity, to en- proceed in a quire and inform themfelves, by and upon the teftimony of wit- fummary neffes upon oath, examination of perfons interested, upon their oaths, infpection and examination of deeds, writings, accounts, and records, or by all or any of the faid ways and means, or otherwife, according to their directions, as foon as conveniently may be, to ftate and fettle the fums due and payable by every fuch perfon or perfons, for or on account of their faid intromiffions, debts, penalties, or forfeitures aforefaid, and to direct their and to direct precepts, ordering them, their heirs, executors, adminiftrators, their precepts and fucceffors, to make payment of the money appearing to be the fums due, for payment of due thereupon unto the faid receiver-general, and to deliver up to the faid barons, or any three or more of them, or their order, all fuch forfeited goods and chattels as have been, or shall be intromitted with and poffeffed by them, at fuch days and times, as by the faid barons, or any three or more of them, fhall be and for delilimited and appointed by their faid precepts; and in cafe of vering up the neglect or refusal to comply with the faid precepts, the faid barons, or any three or more of them, are hereby authorized and impowered to order fuch proceedings to be had thereupon, as if the contents of fuch precepts had been duly found by inquifition, taken and returned into the faid court of exchequer.

forfeited

goods, &c.

forfeited eftates to be

XVII. And, to the end that all and every the faid eftates and interefts hereby, or otherwife vefted in his Majefty, whereof the faid barons of exchequer fhall upon enquiry make discovery, and feize or recover the poffeffion, may be duly published, fo as all perfons having intereft may have notice thereof, in fuch manner as they may enter their claims upon the fame, in the manner herein after provided; be it enacted by the authority aforefaid, Register of the That the faid barons of exchequer fhall caufe the register, or books herein appointed to be kept, of the names of all perfons attainted of high treafon within the times aforefaid, and of all real and perfonal estates and interefts by this act, or otherwife, vested in his Majesty, or an authentick copy or duplicate of fuch books, to be kept by a proper officer, who fhall make the fame open and patent to the infpection of all perfons who fhall demand the fame, betwixt the hours of ten and twelve in the forenoon, upon any lawful day, without any fee or reward; and in

I 4

the

kept.

Copy of the

register to be tranfmitted to the treasury.

Duplicate of

fheriff.

Sheriff to give notice,

the faid books fhall be expreffed the dates when the entries of the several estates real or personal that shall be there ingroffed, were made; and the said barons, or any three or more of them, shall alfo tranfmit to the faid commiffioners of his Majesty's treasury, or the high treasurer of Great Britain for the time being, an authentick copy of the said register or books.

XVIII. And it is hereby further enacted, That when any real or heretable estate shall be entered in the faid register, the be fent to the faid barons fhall, from time to time, within the space of one month after such entry, transmit, or caufe to be transmitted, an authentick copy or duplicate of every fuch entry to the sheriff of the fhire, or steward of the stewartry, within which the lands or other heretable or real estate are fituated; and every such sheriff or steward fhall, and is hereby required, within twelve days after he fhall receive fuch duplicate or copy, to caufe the fame to be published at the market cross of the head burgh of the fhire or ftewartry and to cause to be inferted in a book to be provided and kept for that purpose by the clerk to such sheriffs or stewarts courts; all which books fhall be made open and patent to any perfons demanding infpection of the fame, upon any lawful day between the hours of ten and twelve in the forenoon, without fee or reward.

Eftates to veft

in his Majefty, where no claims are entered ;

XIX. And be it further enacted, That all and every the estates and interefts which shall be entered in the register, to be kept by the faid barons of the exchequer, according to the directions of this act, to or upon which no claim fhall be entered within the time, and in the manner herein after prescribed, thall be deemed and taken against all perfons, and to all intents and purposes, to be vested in his Majefty in virtue of this act; and fuch eftates and interests as fhall be fo entered in the faid register, and to or upon which claims shall be entered, fhall in like manner be deemed and taken to be vefted in his Majefty; fubject only to fuch burden, diminution, or eviction, as fhall arife from the determination of the claims that shall be fo entered, and no otherwife.

XX. And, to the end that all and every the faid eftates and interefts, herein before vefted in his Majefty, may be difpofed of in the most beneficial manner, and the produce and value thereof applied for the payment and fatisfaction of fuch claims, out of the respective eftates, as fhall be decreed to be just and lawful, and the remainder for the use of his Majefty, his heirs and facceffors; be it further enacted, That in cafe his Majesty, his heirs or fucceffors, thall not make effectual provifion for the payment or fatisfaction of all fuch debts and claims, within the fpace of twelve months after the fame fhall be refpectively adjudged, then it fhall be lawful for the faid barons, or any three of them, and they are hereby required to fell, or caufe to be fold, fo much of the estates of the attainted perfons, as they fhall judge neceffary to be fold for fatisfaction of the debts and claims affecting the fame, and apply the money arifing by

the

the fale thereof refpectively, in difcharge of the feveral debts or claims to which they fhall be adjudged to be liable.

ment of the

XXI. Provided nevertheless, That if his Majefty, his heirs Estates not to or fucceffors fhall, after the expiration of the faid time, make be fold, where effectual provifion for the payment or fatisfaction of all the debts his Majefty or claims upon any fuch'eftate, and fhall, before the fame is fhall fo order, and make payfold, by warrant or warrants under his or their fign manual, at any time or times, direct any fuch eftates not to be fold; then claims. the faid barons shall not proceed in the fale of any estates so prohibited to be fold; and in refpect to the fale of the faid estates, or any part thereof, the faid barons of the exchequer are hereby authorized and required to proceed in fuch manner and form, and according to fuch rules, as the barons of the court of exchequer in Scotland were directed to observe, by an act made in the thirteenth year of the reign of his late Majefty, intituled, An 13Geo.1.c.28. at for fale of fuch of the forfeited eftates in that part of Great Britain called Scotland, as remain unfold, and are vefted in the crown; and for determining fuch claims on the faid eftates, as having been duly entered, remain undetermined.

made within

XXII. And, that no perfon or persons whatsoever, having Claims on perany eftate, right, title, or intereft in law or equity, in, to, or fonal eftates, out of any of the forfeited or forfeitable eftates and premiffes, &c. to be may be in any refpect prejudiced by this act, be it enacted by 3 months, the authority aforefaid, That all and every perfon and perfons whatsoever, bodies politick and corporate (other than and except all fuch forfeiting perfons as aforefaid, and the heirs, executors, adminiftrators and affigns, and every of them, and all and every perfon and perfons having or claiming any thing in the premiffes, or any part thereof, to the ufe of, or in truft for any fuch forfeiting perfons, or their or any of their heirs, executors, or adminiftrators) having any estate, right, title, intereft, use, truft, poffeffion, reverfion, remainder, office, annuity, fervice, rent, debt, benefit, charge, or incumbrance whatfoever in law or equity, in, to, or out of, or upon any castles, honours, manors, meffuages, lands, tenements, rents, or hereditaments whatsoever, or to any real or perfonal eftate, or any other the premiffes whatsoever, herein before or otherwife vefted in his Majefty, by or under any fettlement, conveyance, judgement, ftatute, recognizance, extent, or other debt, charge, or incumbrance, affecting, or which was binding on the forfeiting perfons, and might have affected the fame eftate, before the refpective days and times whereon the fame was vefted in his Majefty as aforefaid, and alfo all and every perfon and perfons, bodies politick and corporate, pretending to have right or title to any eftate, which fhall have been feized or furveyed by the faid barons, for the ufe of his Majefty, and who fhall pretend that none of the perfons attainted, fince the twenty fourth day of June, one thoufand seven hundred and forty five, and before the twenty fourth day of June, one thoufand feven hundred and forty eight, for high treason, was feised or poffeffed of, or interested in, or intitled unto fuch eftate in his, her, or their own right, or to his, her, or their own ufe, nor

any