chequer in England have been or fhall be made, may have and purfue in like cafes.

XIII. Provided alfo, That the lord high treasurer of Great Lord treasurer to have the Britain for the time being shall have and exercise all fuch powfame powers ers, authorities, and jurifdictions, about or relating to any the relating to the revenues or duties of cuftom and excife, and other the crown revenues, &c. revenues, duties, or treafure within Scotland, and the getting in, of Scotland, paying, iffuing, and accounting for the fame, or any part there- as he hath reof, as fully and amply, to all intents and purposes, as the lord lating to thofe of England. high treasurer of Great Britain for the time being, by virtue of fuch his office, hath, or may, or can have or exercise about or concerning any the crown revenues, debts, or duties in England; any thing herein contained to the contrary in any wife notwithftanding.

XIV. Provided alfo, and be it enacted by the authority afore- How all fines, faid, That all and all manner of fines, iflues, amerciaments, for- iffues, &c. feited recognizances, or penalties, and other forfeitures, of what shall be levied and paid. nature or kind foever, which fhall or may be fet, imposed by, or incurred, or become forfeited in the faid court of Exchequer in Scotland, fhall be levied by the authority and procefs of the faid court, and paid and answered to the use of her Majefty, her heirs and fucceffors, although the perfons or their lands or tenements, goods, or chattels, liable to the fame fines, iffues, amerciaments, penalties, or forfeitures' be or remain in any part of Scotland whatsoever.

in court, in

XV. Provided nevertheless, That in cafe any perfon or per- Perfons fhewfons, bodies politick or corporate, his, her, or their heirs, fuc- ing good caufe ceffors, executors, or adminiftrators, fhall alledge, plead, de- bar of any clare, or fhew in the faid court of Exchequer in Scotland, good, fines, &c. perfect, fufficient cause and matter in law, reafon, or good con- payable to the fcience, in bar or discharge of any fines, iffues, amerciaments, crown, court forfeited recognizances, or any other forfeitures, debts, or du- to allow the fame, &c. ties due or payable to the crown, or why such person or perfons ought not to be charged or chargeable to or with the fame, and the fame caufe and matter fo alledged, pleaded, declared, or fhewed, fufficiently proved in the faid court of Exchequer in Scotland, That then the faid court shall have full power and authority to accept, adjudge, and allow the fame, and wholly and clearly to acquit and difcharge all and every the faid perfons, which fhall be impleaded or fued for the fame, or to make and take any fitting and reasonable compofition for the fame, as in the judgments and difcretions of the barons of the faid court of Exchequer, upon hearing of the attorney or advocate general, or other learned counfel of her Majefty, her heirs and fucceffors, fhall be found and thought just and reafonable, and to proceed and act therein, and give difcharges thereupon, in fuch fort and manner as hath been and is used and practifed in the like cafes in and by the court of Exchequer in England; any thing herein contained to the contrary notwithstanding.

XVI. And be it further enacted by the authority aforefaid, Barons to pafs That the barons of the court of Exchequer in Scotland, fhall have theriffs ac

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full counts,

and charge and discharge them, &c.

toms or fubfi

full power and authority, by virtue of this act, to take and pass
the accounts of all theriffs, and other officers in Scotland, who
have or shall have the execution of any the process iffuing out
of and returnable in the faid court of Exchequer, for the levying
of any revenue or money for the crown, and to charge and dif-
charge them according to right and juftice, and that in fuch
manner and form, as the faid theriffs and officers before the
faid union were used to be charged and discharged, and to have
their accounts paffed, or as the barons of the faid court of Ex-
chequer thall order, direct, or appoint.

Acts of parlia. XVII. And be it further enacted by the authority aforesaid,
ment made in That all and every act and acts of parliament made in England,
England, con- and in force there, touching and concerning any customs or
cerning cu- fubfidies there, and alfo all and every act and acts of parliament
dies there, or made in England, and now in force, touching and concerning
any excifes there, and all and every the authorities, powers, ju-
not contrary rifdictions, qualifications of officers and feizers, directions for
to the articles navigation, and for carrying goods coaftwife, forfeitures, penal-
tend to Scot- ties, duties, and the ways and means for the recovering of them,
land,

excife, &c.

of union to ex

ble in the

court of Exchequer.

or any of them, and all other matters and things in them, or any of them contained, which are not contrary to or inconfistent with the aforefaid articles of the union of the two kingdoms and cogniza- of England and Scotland, or any of them, fhall extend to Scotland, and fhall and may be cognofcible in, and put in execution by the court of Exchequer in Scotland, as to all matters and things happening or arifing in Scotland, as fully and amply, to all intents and purposes, as the fame, or any of them, do extend, or may, or might be put in execution, as to any matters or things touching and concerning customs and excifes, or any other the matters or things aforefaid, happening or arifing in England; and all offences and offenders in any the faid matters, fhall and may be fued and profecuted for the fame in the faid court of Exchequer in Scotland; and the merchants and other perfons entitled to any benefits, allowances, advantages, or remedies touching or concerning any the faid cuftoms or excifes in Scotland, thall have and enjoy the fame in Scotland, as fully and amply, to all intents and purposes, as they may or might if the fame were or arose in England; and the officers of the customs and excife in Scotland are required to make and allow the fame accordingly; and the barons of the court of Exchequer in Scotland are required and enabled to caufe right to be done by and to all perfons concerned therein.

Queen to appoint what

ports, &c.

XVIII. And for the better and more effectual afcertaining the ports, members, creeks, and havens in Scotland, where goods further places, and merchandizes have been or may be exported and imported, in Scotland, and the feveral keys, wharfs, and other places where the fame fhall be lawful may be put on board any fhip or vetfel for tranfportation, or be for landing or unfhipt or unladen upon importation; be it further enacted by hipping the authority aforefaid, That the Queen's majesty, her heirs and fucceffors, fhall and may, from time to time, by commiffion or commiffions out of the court of Exchequer in Scotland, affign and

goods, &c.

appoint

H

appoint all fuch further places, ports, members, and creeks in Scotland, as fhall be lawful for the landing and discharging, lading, or fhipping of any goods, wares, or merchandizes in Scotland, and to what ancient and head ports respectively fuch places, members, or creeks fhall respectively appertain; and where any fuch place, member, or creek fhall be to appointed, as aforefaid, the customer, collector, comptroller, and fearcher of the head port, fhall by themfelves, or their fufficient deputy or deputies, fervant or fervants, refide and inhabit, for the entring, clearing and paffing, fhipping and discharging of fhips, goods, and merchandize, and by virtue of the faid commiffion or commiffions may likewife fet down and appoint the extents, bounds, and limits of every port, haven, or creek in Scotland, whereby the Officers of extents, limits, and privileges of every port, haven, or creek in customs to reScotland may be ascertained and known; after which appointment fo made, the faid ports, members, and creeks so appointed, thall be observed and used for importation and exportation, in the fame manner, and fubject to and under fuch orders and regulations, and to the fame effect, as the like ports, creeks, and members appointed in England for exportation or importation there, are or ought to be by the laws of England.

fide at fuch

places.

.

XIX. And whereas by the aforefaid recited article of the treaty of Court impowunion it is provided, That the court of Exchequer in Scotland have er'd to receive power of paffing fignatures, gifts, tutories, and in other things as the refignations of baronies, court of Exchequer in Scotland at the time of the faid treaty had; lands, &c. be it therefore enacted by the authority aforefaid, That the court which were in of Exchequer in Scotland fhall have power to receive refignations use to be rein her Majesty's name of all baronies, lands, lordships, tithes, gned, &c. in jurifdictions, offices, and all other rights which were in ufe to be the court of Exchequer. refigned and received in her Majefty's name in the Exchequer, at the time of the faid treaty; and that fignatures, gifts, tutories, and other things which were prefented, revised, and compounded, or which were paffed or given by the lord high treafurer, or commiffioners of the treafury, or court of Exchequer there at the time of the faid treaty, fhall be given in, refigned, prefented, revised, compounded, and expedited as formerly, with this alteration only, That the prefenter of fignatures fhall prefent the faid fignatures, gifts, tutories, and other things to the faid chief baron and barons of the Exchequer in Scotland, who are hereby authorized and impowered to revise and compound the fame, in the fame manner, and with the fame powers as the faid lord high treasurer or commiffioners of treafury of Scotland might have done, and thereafter in a court of Exchequer, to hear parties concerned, and to pafs all fuch fignatures, gifts, tutories, and other things aforefaid, and especially to declare and appoint fines, as the court of Exchequer might have done at the time of the faid treaty, and fuch fignatures, gifts, tutories, and other things aforefaid being paffed in the Exchequer, fhall be recorded by the proper clerks and thereafter be expedited at the proper feals, as at the time of the faid treaty by the law and practice of Scotland was required: referving nevertheless

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English counfellors, &c. may plead in Exchequer court in Scot

land.

How offices

for life thall be enjoyed.

Crown title

to lands, &c. to be tried by

court of felfon.

Table of of

be hung up

court.

vertheless full power to her Majefty, her heirs and fucceffors, to receive refignations immediately in her or their royal hands, and to grant all fignatures, gifts, and other things, in the fame manner as her Majesty could have done at the time of the aforefaid

treaty.

XX. And be it further enacted by the authority aforesaid, That all barristers at law, advocates or counsellors, who may plead and practise before the court of Exchequer in England, or before the court of feffion in Scotland, have and shall have right and privilege to plead and practise before the faid court of Exchequer in Scotland.

XXI. Provided always, and be it enacted, That the two principal clerks of Exchequer in Scotland, and other officers in that court, who have grants of their offices during life, or of inheritance, fhall enjoy their offices according to the nature of their gifts, except in fo far as these offices are inconsistent with the conftitution of Exchequer, as the fame is settled by this act; in which cafe, be it enacted by the authority aforefaid, That any person having right to any fuch office, fhall be provided in one or other of the offices eftablished by this act, equal in value to what they now enjoy, to hold for life, or in fee refpectively, or have fome other equivalent recompence for the lofs of fuch office.

XXII. Provided always, That the validity or invalidity and preference of the title of the crown, to any honors, manors, lands, tenements, or hereditaments, or to cafualties belonging to the crown, fhall continue to be tried and decided in the court of feffion as was used, and of right ought to have been by the law and practice of Scotland, at the time of the union, and not otherwife; any thing in this act contained to the contrary notwithstanding.

XXIII. And be it further enacted by the authority aforefaid, ficers fees to That no officer, minifter, clerk, or other perfon employed in the in Exchequer faid court of Exchequer in Scotland, fhall afk, demand, receive, or take from any of her Majesty's subjects, or from any other perfon or persons whatsoever, any greater or other fee, reward, profit, advantage, matter, or thing whatsoever, for or in refpect of any bufinefs, matter, or thing tranfacted, dispatched, made, or done in the faid court of Exchequer, than fuch only as fhall be fettled and allowed by the barons of the faid court of Exchequer, or any three or more of them (whereof the chief baron to be one) under their hands: which fees or allowances fhall be contained in a table to be hung up in the most publick and vifible place of the faid court of Exchequer, and to which any of her Majefty's fubjects, or others, may have free liberty to refort, and to have a view and perufal thereof, without fee or Like tables to reward; and each of the mafters or chief officers in the offices be hung up of Queen's remembrancer, lord treasurer's remembrancer, clerk of the pipe, and clerk of the pleas, and auditor, fhall take care, that a table of the fees and allowances relating to their respective offices and places and business therein tranfacted, and fo

in remembrancers

offices, &c.

allowed

allowed and figned, as aforefaid, fhall be hung up in fome publick and visible place in their said respective offices, to which any of her Majefty's fubjects, or others, may have free liberty to refort, and to have a view and perufal thereof, without fee or reward; and if any perfon or perfons fhall offend in any the Penalty on premiffes, the barons of the faid court of Exchequer, upon com- offenders. plaint thereof to them made in that behalf, shall caufe right to be done to the party complaining, and to punish the offenders by fine, fufpenfion, or deprivation of office, or as to them fhall feem juft and reasonable, and to recompense the complainer with cofts in that behalf.

XXIV. And be it further enacted by the authority aforefaid, Number of That the number of the said barons of her Majesty's faid court barons not to of Exchequer in Scotland, fhall not at any time exceed the num- exceed five. ber of five.

CAP. XXVII.

An act to inlarge the time for returning the certificates of all ecclefiaftical livings, not exceeding the yearly value of fifty pounds; as alfo for difcharging all livings of that value from the payment of firft-fruits; and for allowing time to archbishops and bishops, and other dignitaries, for payment of their firft-fruits.

WHEREAS by an act made in the fifth year of the reign of 5 Annæ, c. 24. prefent Majefty, intituled, An act for discharging small

I

ftat.

livings from their firft-fruits and tenths, and all arrears thereof, it is provided, That the faid act, or any thing therein contained, fball not extend to discharge any benefices with cure of fouls, the tenths whereof were granted away by any of her Majesty's predeceffors to any perfon or perfons, bodies politick and corporate, in perpetuity, before the third day of November in the third year of her Majefty's reign; which claufe was intended only to fave the rights of fuch Enforced by perfons who had grants of tenths from the crown before the faid Geo. 1. third day of November, and not otherwife: but forafmuch as the 2. c. 10. firft-fruits of the aforefaid benefices with cure of fouls, the tenths whereof were fo granted, as aforesaid, were notwithstanding the faid grants, referved to the crown, and are now granted by her Majesty to the governors of the bounty of Queen Anne for the augmentation of the maintenance of the poor clergy, and their fucceffors: and foraf much as the difcharging of the first-fruits and arrears thereof of fmall livings, the tenths of which are not vefted in the faid governors, will be a prefent proper augmentation of the fame; be it therefore enacted by the Queen's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That all ecclefiaftical benefices with cure All ecclefiaftiof fouls, not exceeding the clear yearly value of fifty pounds cal benefices by the improved valuations of the fame, the tenths whereof are not exceeding not vested in the corporation of the faid governors, and the in- 50l. per. ann cumbents thereof for the time being, and every of them, their

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re

&c.