real estates, within 6 months;

tated, by whom to be made;

any other perfon in truft for them, or any of them, on the said twenty fourth day of June, one thousand seven hundred and forty five, or at any time fince, or that they have right or title to fuch eftate, fhall, within the space of three months, to be reckoned from and after the date of the entry that shall be made in the and claims on register book in the exchequer of any personal estate, and in cafe of real estates, within fix months of the entry of the regifter, to be kept in the county or ftewartry where fuch estate lies, in manner herein before directed, of the estate or interest in, to, or out of which fuch claims and demands are to be made respectively, enter all their refpective claims and demands before the court of feffion in Scotland, in fuch manner as is herein after mentioned; or in default thereof every such eftate, right, title, intereft, ufe, poffeffion, reverfion, remainder, office, annuity, fervice, rent, debt, charge, or incumbrance, in, to, out of, or upon the faid premiffes, or any part thereof, thall be and is hereby declared to be null and void to all intents and purposes whatfoever; and the estate or estates so as aforefaid, liable unto or charged therewith, fhall from thence be freed, acquitted, and Claims of per. discharged of and from the fame; and all fuch claims and defons incapaci- mands of infants, fhall and may be made by their fathers or guardians, or any other perfons in their behalf; and all claims of femes covert by their husbands, or any other perfons on their behalf; and all claims of madmen, ideots, or lunaticks, by fuch perfon or perfons under whofe care or cuftody they are or shall where to be be at the time of entering fuch claims; and that all fuch claims tendered, &c. fhall be made and tendered to the court of feffion, in time of feffion, or to the lord ordinary on the wills in time of vacance, written in parchment, and figned by the party or parties making the fame, or fuch other person or persons on his, her, or their behalf as aforefaid, or figned by the attornies or factors of the party or parties having the intereft claimed; and fuch figning fhall be teftified by two or more credible witneffes, who thall fubscribe their names to atteft the fame; and every claimant shall therein particularly express what estate, right, title, interest, use, poffeffion, reverfion, remainder, office, annuity, service, rent, debt, benefit, charge, or incumbrance, he or the demand or claim in, to, out of, or upon any part of the premiffes, by and under what grant, gift, fettlement, conveyance, fecurity, title, or incumbrance, he or the do claim the fame; and if fuch party claimant hath, demands, or claims any eftate, right, title, or intereft, in or to any part of the premiffes, by virtue of any incumbrance, for any debt or fum of money whatsoever, fuch party thall alfo in his claim fet forth fuch incumbrance, and the dates and the contents thereof, and the witneffes thereto; and if the fame be recorded, when and where the fame was entered on record, and whether fuch debt and sum of money was and is really due, and remains wholly unpaid and unfatisfied, and what part and how much thereof has been really and truly fatisfied, by money paid, perception of profits, or by any other ways or means whatsoever; and every fuch claim fhall be transcribed by

Claim to be registered.

order

order of the faid court, and entered in books to be provided and fairly kept by them for that purpose; and the faid court of fef- Court to profion is hereby impowered and required to proceed in a fummary ceed in a fumway, without abiding the courfe of any roll, as well out of as mary way in determining in term time, to hear and determine all fuch claims; and every the claims. fuch decree of the court of feffion fhall be final, and binding upon all parties concerned, in cafe thirty days, on any of which fuch proceedings as are ufual and competent by the laws of Scotland, for reverfing or amending fuch decrees, fhall elapfe without fuch proceedings being had, made, or commenced by either

party.

his advocate,

XXIII. And, to the end that due care may be taken of the The King's intereft of his Majesty in respect of fuch claims as fhall be of- rights to be fered as aforefaid, it is hereby further enacted, That the King's defended by advocate, or in his abfence his Majefty's folicitor general in or the folicitor Scotland, thall, and they are hereby impowered and required to general. provide for making proper answers and defences on behalf of his Majefty, to all fuch claims as fhall be offered as aforesaid, and for reverfing, affirming, or amending the decrees that shall be paffed upon fuch claims, as they fhall fee caufe.

examination

of witnesses,

XXIV. And be it further enacted, That the court of feffion Court to profhall, and they are hereby impowered and required, in a fum- ceed in a fummary way, and without the formality of proceedings in the mary way in courts of law or equity, to proceed by and upon the teftimony of witneffes upon oath, examination of perfons claiming, or &c. otherwise interested, upon their oaths, infpection, and examination of deeds, writings, and records, or by all or any of the said ways and means, or otherwife, according to the circumstances of the cafe, as foon as conveniently may be, to hear, and determine, and adjudge all and every claim and claims, which shall be entered within the times aforefaid; and that every party Claimants to claiming fhall, if required by the faid court, or by or on behalf anfwer upon of his Majefty's advocate, upon oath answer to the truth of his or her claim, and to fuch proper interrogatories as the court or council for his Majesty shall think fitting for the clearing thereof;

oath,

and, upon oath, produce before the faid court, at their hearing and to produce fuch claim, all fuch deeds, writings, and evidences, as are in his their deeds, cuftody or power, any ways concerning the faid claim, or the &c.

fubject matter thereof.

XXV. And be it further enacted by the authority aforefaid, That where the claim, so to be determined as aforefaid to be just and lawful, fhall contain a demand of any fum or fums of money, any wife affecting any of the faid forfeited eftates; then, Certificates to and in fuch case the faid barons of the exchequer, or any three be given for fums decreed; of them, thall, and are hereby exprefly impowered and required to iffue out debentures or certificates to claimants, for the refpective fum or fums which fhall be determined to be due and payable to them severally by the decrees of the faid court of feffion; which debentures or certificates, with legal intereft fhall be paid to be paid with in the first place without any deduction, fee, or reward, by the interest.

faid receiver general, out of fuch rents and profits as shall be

No decrees,

paid into his hands, from the respective estates upon which the faid claims are allowed.

XXVI. Provided always, That no fuch decree, in favour of &c. to be made any claimant, or debenture or certificate to be iffued thereupon, for any fum fhall be made for any fum or fums, on account of penalties for on account of failure of payment at the day it became due, or for any other penalties for nonpayment. penalties whatsoever.

On claims afclaimants to

firmed, the

be put into poffeffion.

Court to adjudge the legal preference of

claimants,

&c.

ment of the

XXVII. And be it further enacted, That where the faid claim fhall contain a demand of any honours, caftles, manors, lands, tenements, rents, fervices, rents-charge, hereditaments, or other real estate whatsoever, or an intereft therein, and shall be adjudged, determined, or decreed as abovesaid to be just and legal; then, and in that cafe, the faid court of feflion are hereby authorized to order the fheriff or fheriffs, or the proper officer or officers of and in the respective counties and ftewartries where the fame fhall lie, to caufe poffeffion to be delivered to fuch claimant and claimants, his, her, or their heirs, executors, adminiftrators, or fucceffors, or to whom they or any of them fhall appoint; and all and every fuch claimant or claimants, his, her, or their heirs, executors, adminiftrators, or fucceffors, fhall hold and enjoy the fame for fuch eftate and intereft therein refpectively, as fhall be adjudged, determined, or decreed as aforefaid.

XXVIII. And, to the end that juftice may be rendered to the feveral claimants, on the faid forfeited eftates or interests, according to the priority or legal preference of their rights and diligences; be it further enacted, That it fhall and may be lawful for the court of feffion, upon the application of his Majefty's advocate, or of any claimant whofe claim fhall be affirmed on any of the faid forfeited estates and interefts, to rank and determine the order of preference of the feveral creditors and claimants on the respective eftates and interefts; and the judgement to be given by the court of feffion, upon fuch application, fhall be of the fame force and effect, as if the feveral creditors or claimants who fhall be fo ranked, had been fummoned for that purpose, in the usual manner, in a procefs of ranking.

XXIX. And whereas during the dependance of fuch ranking, er before the final decifion of all the claims on any of the faid forfeited eftates, it may be just and reasonable that the growing rents and profits of the faid eflates, or fome part thereof, should be paid over to Court to make fome or other of the preferable creditors or claimants thereon; be it order for pay- therefore enacted by the authority aforefaid, That it fhall and may be lawful to the faid court of feffion, when they shall fee fums specified in the interlo- caufe, to make interloquitors, finding any creditor and claimant upon fuch estate, intitled to any fum or fums of money that fhall be fpecified in fuch interloquitors, and recommending to the barons of the Exchequer, to caufe the fame to be paid; and upon production of fuch interloquitor, or an extract thereof, by the party obtaining the fame, to the faid barons of Exchequer, or any three of them, they are hereby impowered and required, as foon as conveniently may be, to make an order upon the re

quitors, &c.

ceiver

Ceiver-general, or upon the bailiff, factor, or fteward of the eftate, in fuch interloquitor mentioned, for payment of the fum or fums therein fpecified, out of the rents and profits of fuch estate.

XXX. And it is hereby further enacted and declared, That Conveyances all conveyances and affurances whatsoever, of any caftles, hon- made by traiours, manors, lands, tenements, rents, hereditaments, or real tors after 24 June, 1742, eftate whatsoever, made at any time after the twenty fourth day of June, one thousand seven hundred and forty two, by any perlon who has been fince attainted, or, thall be attainted as aforefaid, unto or for his own ufe, or unto or for the use of his wife, or any of his children, or in truft for himself, his wife, or any of his children (other than fuch as were made bona fide before, and in confideration of marriage, or in performance of except in confome covenant or agreement made and reduced into writing, be- fideration of fore and in confideration of marriage) and alfo all affurances and marriage, &c. conveyances whatsoever, made at any time fince the twenty fourth

day of June, one thousand seven hundred and forty two, by any deemed fraufuch perfon, are hereby declared to be, and shall for ever here- dulen. after be deemed and taken to be fraudulent; and that no claim fhall, at any time hereafter, be allowed for the fame, excepting No claim to fuch affurances and conveyances, as have been made fince the be allowed, but time aforefaid, or fhall be made in time coming, for juft and for onerous onerous causes, the faid onerous caufes being always otherwise inftructed, than by the writings themselves.

causes.

XXXI. And whereas feveral tenants of the faid attainted perfons, Tenants on may have paid their respective rents due to them, after the faid twenty proof of payfourth day of June, one thousand feven hundred and forty five, and ment of their before the times of their respective attainders, without fraud or col- rents to be lufion; be it therefore enacted, That fuch tenants fhall be, and discharged. are hereby difcharged therefrom, on due proof of fuch actual payments thereof refpectively made.

CAP. XLII.

An act to enforce the execution of an act of this feffion of parliament, for granting to his Majefty feveral rates and duties upon boufes, windows, or lights.

W WHEREAS through various accidents execution of the powers 20 Geo. 2.c.3.

given by the act of the twentieth year of his prefent Majefty (intituled, An act for repealing the feveral rates and duties upon houfes, windows, and lights; and for granting to his Majefty other rates and duties upon houfes, windows, or lights; and for raising the fum of four millions four hundred thoufand pounds by annuities, to be charged on the faid rates or duties) to the commiffioners thereby authorized to put the fame into execution, within the exact time, and according to the precife method thereby directed, hath been, and may be prevented, and the raising the rates and duties granted thereby obftructed or delayed; be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in

who have omitted, impowered to meet and act at any other time.

this prefent parliament affembled, and by the authority of the Commiffioners fame, That in all cafes where the faid commiffioners have already omitted, or fhall at any time or times hereafter omit to meet or execute the faid powers, or any of them, within or at the time or times, or according to the manner directed and prescribed by the faid act, it fhall and may be lawful for the faid commiffioners, or any two or more of them, to meet and execute the faid powers at any other time or times, and from time to time, as there fhall be occafion; and they are hereby authorized and required forthwith, or as foon after the time or times at which fuch meetings fhould have been held, according to the faid act, as fhall be convenient, to meet and execute the fame, Acts of the fo as that the faid rates and duties may be duly and effectually commiffioners charged, raised, levied, collected, and paid to his Majefty, his heirs and fucceffors, for the ufes in the faid act, notwithstanding any fuch omiffion or defect; and all meetings and acts of the faid commiffioners, or any two or more of them, which have been already had or done purfuant (in all other respects) to the directions of the faid act, fhall be deemed, and are hereby declared to be good and valid to all intents and purposes, notwithstanding such omiffion or defect.

confirmed.

Two com

II. And be it further enacted by the authority aforefaid, That miffioners may the faid commiffioners, or any two or more of them, fhall have appoint affefpower; and are hereby required to appoint fuch affeffors, and fors. for fuch districts or divifions, within their refpective limits, as they shall judge proper, out of the perfons who fhall by their precepts, as directed by the faid act, be ordered to appear before them for fuch diftricts or divifions refpectively; and if any of the perfons on whom such precepts fhall be ferved, fhall neglect to appear, or they or any of the collectors or officers appointed, or to be appointed, under the faid act, fhall wilfully neglect or refufe to take the oaths appointed by the faid act to be taken by them refpectively, or to take upon them their refpective offices, the faid commiffioners, or any two or more of them, are hereby authorized and required to impose on every fuch perfon fo neglecting or refufing, any fine not exceeding the fum of five pounds for any one offence; the fame to be levied, certified, and paid, as other fines by the faid act are directed to be levied, certified, and paid.

Perfons neglecting to appear, to take ferve the of.

the oaths, or

fice,

to pay 51.

Wales and

III. And it is hereby further declared and enacted by the Berwick in- authority aforefaid, That in all cafes where the kingdom of Eng cluded, where land, or that part of Great Britain called England, hath been the kingdom or fhall be mentioned in any act of parliament, the fame has of England is been and fhall from henceforth be deemed and taken to commentioned. prehend and include the dominion of Wales, and town of Berwick upon Tweed.

IV. And whereas certain perfons, diffenters from the church of England, commonly called Quakers, do fcruple the taking of any caths, and it may happen that feveral of the faid perfons may be appointed affeffors for raifing the faid rates and duties upon boufes, windows, and lights; be it further enacted by the authority aforefaid, That

in