Page:Ruffhead - The Statutes at Large - vol 5.djvu/93

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A. D. 1714.. Anno primo Georgii Regis. Stat. 2. C. 20. 53 nement* had been by the Vaflal refigned into the Hands of his Superior ad perpctnam remaneniiani; and in Superior:, 4.-0. cafe any Tenant or Tenants, Taxman or Taxmcn, biuicking and occupying any Lands, Mine;;, Milns, j '; J* J;'•;' J Woods, Fiihings or Tenements, being guilty of fuch High Treafon or Treafons, as aforefaid, and fhall be "ll, .,' ' thereofduly convicted and attainted, the Title by which all and every fuch Tenant or Tenants, Taxman orPebtsofat-.-aint- Taxmen, does bruick or occupy, as aforefaid, fhall ceafe and become void; and the Lands, Mines, Milns, «d Perfon . It, ■ dutiful to hi; Majefty, his Heirs and Succeflbrs. ' III. And for preventing of Frauds or Collufion in order to evade this AS:;' Be it further enacted by ' u f alor 'i;*A the Authority aforefaid, That if the Superiors, VaiTals or Tenants, to whom the Lands, Mines, Miln : ,{j*? b .'"". Woods, Fifhings and Tenements above-mentioned, are declared and ordained to belong, fhall not within within £ x " fix Months, to be reckoned from the Time of the Attainder of the Offenders refpeftively, obtain them- M.>ntts, other. felves infeft, or do Diligence really and without Collufion for attaining Poffeflion, in every fuch Cafe the wi k 'he Fr r . Forfeitures fhall belong to his Majefty, his Heirs and Succeflbrs. futures fliaJl IV. Provided always, That none of his Majefty's Subjects, whether Superior, Vafial or Tenant, fliall ci-^.f, to have the Benefit of this AS, excepting fuch who being lawfully called out or required to join with his who /hall have Majefty's Hoft in oppofition to the faid Pretender or his Adherents, fhall do the fame, or who (not being 'he Benefit ot' fo called out or required) fhall continue peaceable and dutiful to his Majefty, his Heirs and Succetlors. tllls Aa - ' V. And whereas there is Reafon to believe that feveral Perfons intending to commit High Treafon or Tai,::i ". *«■• ' Treafons, as aforefaid, have made Tailzies, Entails or Settlements of their Eftates, in favours of their " ladc a ' tl;r ' Children, or other Heirs of Tailzie, or Conveyances, Securities or Alienations, with a fraudulent In- bypWfonsat-

  • tent to avoid the Puriifhment of the Law due to the Offences above-mentioned;' Be it therefore enacted minted /hall

by the Authority aforefaid, That all Tailzies, Entails, Settlements and Conveyances in favours of the he void. Grantees Children, or other Heirs of Tailzie, or Trufts, Securities, or Alienations of any Eftates or In- heritances made in Scotland, in the Name of whatfoever Perfon or Perfons, fince the firft Day of Augujl one thoufand feven hundred and fourteen, or that fhall be made there in Time coming by any Perfon or Perfons who fhall be convicted and attainted of any fuch High Treafon or Treafons aforefaid, fhall be, and they are hereby declared void and null to all Intents and Purpofes, excepting fuch Deeds, Securities and Alienations as have been made fince the Time aforefaid, or fhall be made there in Time coming, for juft and onerous Caufes, the faid onerous Caufes being always otherwife inftructed than by the Writings- themfelves. ' VI. And whereas alfo at this Juncture it is neceflary for the publick Safety, and for the Safety of

  • every particular Subject, to prevent their being feduced to rebellious, feditious and unlawful Practices
  • againft his Majefty's facred Perfon, Government, and the Laws, and that by fuch Methods as may be
  • moft eafy to the Subjects;' Be it therefore further enacted by the Authority aforefaid, That from and After Sept. 1.

after the firft Day of September one thoufand feven hundred and fifteen, and until the twenty-third Day J 7i5- $•" J an < of January one thoufana feven hundred and fifteen, the King's Advocate, or in his or his Deputy's Ab-f 3 ". j^ 1 " 5 ' fence, his Majefty's Solicitor in Scotland, may and fhall, upon a Warrant under his Majefty's Hand orceneral, &c. Sign Manual, or W arrant from fuch Perfon or Perfons as his Majefty fhall impower under the Seal ap-toiflue Letters, pointed by the Treaty of Union to be kept in Scotland in Place of the Great Seal, for that Effect, apply to commanding the Lords Juftice General, Juftice Clerk, or Lords Commiflioners of Juftkiary in Scotland, craving that Perfons having Letters may be iffued, and (upon Production of fuch Warrant) the faid Lords Juftice General, Jufticei an ^ e t s '" c ° r j t Clerk, or Lords Commiflioners of Jufticiary there, are hereby authorized and required to caufe Letters to Edinburgh, &c be iflued in his Majefty's Name, and at the Inftanee of his Advocate, or in his or his Deputy's Abfence, his Majefty's Solicitor in Scotland, for his Highnefs's Intereft, in common Form, commanding and char- ging fuch Perfon or Perfons as have their Eftates or ordinary Refidence within Scotland, to appear at Edin- burgh, or any other Place or Places in Scotland, and at fuch Times as his Majefty, or the Perfons fo impowered fhall think fit to appoint; and if his Majefty, or fuch Perfon or Perfons impowered in Manner aforefaid fliall think fit, then and there to find fufficient Bail and Caution for the loyal and peaceable Be- and find Bail, haviour of every fuch Perfon or Perfons, and to appear when and where fuch Perfon or Perfons fhall be &c - appointed; and in cafe of Contempt or wilful Difobedience, every fuch Perfon or Perfons being charged Penalty of not by Authority of fuch Letters as is herein above directed, fhall incur the Penalty of fingle and Life-Rent appeanns ' Efcheat, to be brought in for his Majefty's Ufe, and fhall be further fined in the Sum of five hundred Pounds Sterling, and be liable to one Year's Imprifonment; which Letters are to contain a Warrant for citing of the faid Perfon or Perfons, being within Scotland, perfonally, or at their Dwelling-houfes; and in How the Perfon cafe of any Difturbance or Oppofition made to the MefTengers or Witnefles imployed in fuch Service, to (lla " be cited ia cite in the fame Manner as by the Law of Scotland (where there is no Tutus Accejjus) is directed, upon feven 1 °?.|. free Days where the Charge is againft any Perfon or Perfons living upon the South-fide of the River of ' Tay, to appear at Edinburgh; and upon fifteen free Days, where the Charge is againft any Perfon or Perfons living upon the North-fide of the faid River; and when fuch Perfon or rerfons are not in Scotland, upon : 's and the' "by the Au- The Heirs of thority aforefaid, That if it fhall happen any Subject of Great Britain having Lands or Eftate in Scot/and? " le "> s whofe held Waird of the Crown, or of any Subject fuperior there, as well Vaffal as Sub- Vafial, to be killed in^hd of the his Majefty's Service againft the faid Pretender and his Adherents, or to receive Wounds whereof any fuch crown, and Perfon