For the Shire of Ross. Henry Barkly Eagle Hill, Simon Fraser Makenzie Mountgerald, Alexander Mac Barnet Torriden, Erix Banks Letterewe. tended to this Act. II. And be it enacted, That all the Powers, Authorities, Pro- Powers of visions, Matters, and Things contained in the said recited Act former Acts expassed in the Seventh and Eighth Years of the Reign of His Majesty King George the Fourth, and in the said several recited Acts, and in any other Act in force, in relation to any Acts, Matters, and Things to be done by Commissioners of Land Tax, shall extend to this Act and to the Commissioners named therein, and shall be construed therewith as fully and effectually, to all Intents and Purposes whatsoever, as if the same had been severally and separately repeated and re-enacted in this Act, and made Part thereof. 6 6 6 CAP. LVIII. An Act to vest in the Commissioners of the Treasury W HEREAS by an Act passed in the Fifty-fourth Year of the Reign of His late Majesty King George the Third, 'intituled An Act to alter and amend certain of the Powers and 54 G. 3. c. 173. • Provisions of several Acts passed for the Redemption and Sale of the Land Tax, and for making further Provision for the Redemption thereof, it was enacted, that it should be lawful for His said Majesty, His Heirs and Successors, from Time to Time, by Letters Patent under the Great Seal of Great Britain, 'to nominate and appoint any Person or Persons, being a Peer or Peers of the Realm, or a Member or Members of His Majesty's most Honourable Privy Council, to be a Commis'sioner or Commissioners for the Purposes of regulating, directing, approving, and confirming all Sales and Contracts for Sale, Enfranchisements, Mortgages, and Grants of Rentcharges which should be made by any Bodies Politic or Cor'porate, or Companies, or Feoffees or Trustees for charitable or other public Purposes, of or out of any Manors, Messuages, Lands, Tenements, or Hereditaments belonging to such Bodies Politic or Corporate, or Companies, or Feoffees or Trustees ‹ for charitable or other public Purposes, by virtue of a certain Act of the Forty-second Year of His said Majesty, or of any 'subsequent Acts relating to the Redemption and Sale of the Land Tax, or of the said recited Act; and also for the Purpose of regulating, directing, approving, and confirming all Sales and Enfranchisements which by virtue of the said several Acts, or any of them, should be made of any Manors, Messuages, Lands, Tenements, or Hereditaments wherein His Leuchars, James Duff younger Leuchars, Richard Wharton Duff Orton, Archibald Dunbar younger Northfield, Henry Joseph Brodie Dunn Milton, Captain Archibald Duff R.N. Drummuir, George Skene Duff Milton, Patrick Duff Town Clerk of Elgin, Alexander Thomas Wharton Duff younger Orton, Colonel Simon Fraser Drumduan, John Fraser Cullin House, Alexander Forteath Newton, James Ferguson Pitfour, James Forbes Echt, George Forteath younger Newton, Colonel the Honourable Francis William Grant Grant M.P., Francis William Grant younger Grant, Sir John Peter Grant Rothiemurchus, William Grant younger thereof, David Mac Dowall Grant Arndilly, William M'Dowall Grant younger Arndilly, George McPherson Grant Ballindalloch, John McPherson Grant younger thereof, James Grant Elchies, John Grant Factor for Mr. Grant of Elchies, James Murray Grant Glenmorriston and Moy, William Grant younger Elchies, Captain Gregory Grant R.N. Burnside, Robert Grant Kincorth Advocate, Captain John Grant Congash, Colonel John Gordon Cluny, Colonel Alexander Heay Westertown, William Jenkins Strowan Grove, John Lawson Chapelton, John Lawson the younger Chapelton, the Reverend William Leslie Balnageith, Adam Longmore Deanshaugh, Sir Thomas Dick Lauder Fountainhall Baronet, Norman M'Leod Dalvey, Hugh Andrew Johnston Munro Novar, Alexander M'Killigan Relugas, Thomas Miln Milnfield, Major Peter Grant Peterkin Grange and Inveverne, William Robertson Auchenroth, the Right Honourable the Earl of Seafield, Patrick Sellar Westfield, Stewart Souter Melrose, William Stewart Inverugie, James Stephen Bruceland, Captain James Stewart Lesmurdie and Newmill, the Honourable John Stewart Graham Spiers Advocate Edinburgh, James Souter Writer to the Signet, One of the Trustees of James Earl of Fife, William Fraser Tytler Burdsyards, William Fraser Tytler younger Burdsyards, Major Alexander Frances Taylor Monaughty, Alexander Tulloh Burgie, William Young Maryhill, the Sheriff Substitute of Elginshire, the Provost, eldest Bailie, and Dean of Guild of Elgin, the Provost, eldest Bailie, and Dean of Guild of Forres, the Baron Bailie of Strathspey, Archibald Leslie the younger of Ballnageith. For the Stewartry of Orkney and Zetland. John Ogilvy younger Greenwell, Archibald Greig_younger Sandsound, Thomas Mouat Cameron Son of Captain Cameron Mouat Garth, Charles Hay and William Hay Sons of William Hay of Laxfirth. For the Shire of Clackmannan. Andrew Murray younger Duncrivie, James Steedman Fruix, Auguste Charles Joseph Count de Flahault, Reverend John Gardiner Beveridge Easter Tillyochie, James Spowart Wester Tillyochie, David Pratt Seggie, James Simpson Mawcarse, Thomas Fleming Orwell, Andrew Hagg Pittendriec', the Right Honourable Douglas Earl Compton, Robert Balfour Wardlaw Ramsay Tillicoultry. For For the Shire of Ross. Henry Barkly Eagle Hill, Simon Fraser Makenzie Mountgerald, Alexander Mac Barnet Torriden, Erix Banks Letterewe. tended to this II. And be it enacted, That all the Powers, Authorities, Pro- Powers of visions, Matters, and Things contained in the said recited Act former Acts expassed in the Seventh and Eighth Years of the Reign of His Act. Majesty King George the Fourth, and in the said several recited Acts, and in any other Act in force, in relation to any Acts, Matters, and Things to be done by Commissioners of Land Tax, shall extend to this Act and to the Commissioners named therein, and shall be construed therewith as fully and effectually, to all Intents and Purposes whatsoever, as if the same had been severally and separately repeated and re-enacted in this Act, and made Part thereof. CAP. LVIII. An Act to vest in the Commissioners of the Treasury WHEREAS by an Act passed in the Fifty-fourth Year of the Reign of His late Majesty King George the Third, 'intituled An Act to alter and amend certain of the Powers and 54 G. 3. c. 173. • Provisions of several Acts passed for the Redemption and Sale of the Land Tax, and for making further Provision for the Re'demption thereof, it was enacted, that it should be lawful for His said Majesty, His Heirs and Successors, from Time to • Time, by Letters Patent under the Great Seal of Great Britain, 'to nominate and appoint any Person or Persons, being a Peer 6 or Peers of the Realm, or a Member or Members of His Majesty's most Honourable Privy Council, to be a Commis❝sioner or Commissioners for the Purposes of regulating, directing, approving, and confirming all Sales and Contracts for Sale, Enfranchisements, Mortgages, and Grants of Rentcharges which should be made by any Bodies Politic or Corporate, or Companies, or Feoffees or Trustees for charitable or other public Purposes, of or out of any Manors, Messuages, • Lands, Tenements, or Hereditaments belonging to such Bodies Politic or Corporate, or Companies, or Feoffees or Trustees for charitable or other public Purposes, by virtue of a certain Act of the Forty-second Year of His said Majesty, or of any subsequent Acts relating to the Redemption and Sale of the • Land Tax, or of the said recited Act; and also for the Pur'pose of regulating, directing, approving, and confirming all Sales and Enfranchisements which by virtue of the said several Acts, or any of them, should be made of any Manors, Mes'suages, Lands, Tenements, or Hereditaments wherein His 6 1 & 2 VICT 'said Majesty, His Heirs or Successors, had or should have any Estate, Right, or Interest in Possession, Remainder, Reversion, or Expectancy by any Person or Persons holding ' under any Grant from the Crown, or under any Act of Parlia⚫ment: And whereas His late Majesty King William the Fourth, by Letters Patent under the Great Seal of Great Britain, bearing Date the Seventeenth Day of June, in the First Year of His Reign, did nominate and appoint certain Persons therein ' named, being respectively Peers of the Realm or Members of His said Majesty's most Honourable Privy Council, to be • Commissioners for the Purposes in the said recited Act mentioned: And whereas the said Letters Patent have expired by reason of the Demise of His said late Majesty King William the Fourth, and have not been renewed; and it is expedient that the several Powers and Authorities heretofore exercised by the Commissioners appointed by the said Letters Patent, pursuant to the said recited Act, should be vested in and exercised by the Commissioners of Her Majesty's Treasury for the Time being: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act all the several Powers and Authorities which, under or by virtue of any Act or Acts now in force relating to the Redemption and Sale of the Land Tax, were heretofore vested in or might have been vested in or used or exercised by any Person or Persons appointed or be vested in the who might have been appointed a Commissioner or CommisCommissioners sioners by virtue of the Letters Patent of His late Majesty King of the Treasury. William the Fourth, under the Great Seal, in pursuance of the said recited Act of the Fifty-fourth Year of the Reign of His said late Majesty King George the Third, shall be and the same are hereby vested in the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the Time being; and the said Commissioners of the Treasury, or any Three or more of them, shall use and exercise all such Powers and Authorities, and do and perform any Act, Matter, or Thing relating thereto, as fully and effectually to all Intents and Purposes as any Commissioners appointed or who might have been appointed as aforesaid, by virtue of Letters Patent under the Great Seal, could or might have used and exercised or done and performed the same respectively. Powers and Authorities heretofore exercised by the Commissioners appointed pur suant to the recited Act to Upon Application to the Court of Exchequer by the Owner or Occu pier of any Lands assessed II. And whereas, in assessing the Land Tax in the several Divisions, Parishes, and Places in Great Britain, it sometimes happens that Disputes arise as to the Division, Parish, or Place in which or in aid of which particular Lands, Tenements, or Hereditaments are legally liable to be rated; and by reason thereof such Lands, Tenements, or Hereditaments are rated in the several Assessments made for Two or more of such more Places, by Divisions, Parishes, or Places respectively; and it is expe'dient to provide a summary Remedy for the Relief of the Owners or Occupiers of such Lands, Tenements, or Here• ditaments to the Land Tax in Two or reason of any Doubt or Dispute, the Court Relief of the 'ditaments from such cumulative Charges of the Land Tax, may make and also to provide the Means of ascertaining and determining Orders for the the Division, Parish, or Place in which or in aid of which such Lands, Tenements, or Hereditaments are legally liable determining and ought to be rated to the Land Tax;' be it therefore the Dispute. enacted, That from and after the passing of this Act, upon Application to Her Majesty's Court of Exchequer in England and Scotland respectively, made by or on the Behalf of the Owner or Occupier of any Lands, Tenements, or Hereditaments, by Affidavit or otherwise, showing that, by reason of some Doubt or Dispute as to the Division, Parish, or Place in which or in aid of which such Lands, Tenements, or Hereditaments are legally liable to be assessed to the Land Tax, the same or any Person or Persons in respect thereof have or hath been assessed, rated, or charged to the Land Tax in the several Assessments made for Two or more Divisions, Parishes, or Places, and that such Application is not made with a view to delay the Payment of the Land Tax which may be legally assessed or charged upon or in respect of such Lands, Tenements, or Hereditaments, and that the Party by whom or on whose Behalf such Application is made is ready to bring into Court or to pay or dispose of, in such Manner as the Court may order or direct, the Sum or Sums assessed or charged by the said several Assessments, or either of them, it shall be lawful for the Court to make Rules and Orders calling upon the respective Commissioners of the Land Tax acting for the several Divisions, Parishes, or Places in or for which the said several Assessments shall have been made, to appear and maintain the said Assessments, or to relinquish the same respectively, so far as the same relate to the Lands, Tenements, or Hereditaments in question, and in the meantime to stay all Proceedings, by Distress or otherwise, against the Party assessed or charged in respect of such Lands, Tenements, or Hereditaments, for the levying or compelling Payment of the Sum or Sums so as aforesaid assessed; and it shall also be lawful for the Court, if it shall think proper, to order the Party by whom or on whose Behalf such Application shall be made to pay into Court the Sum or Sums assessed, or any Part thereof, to abide the Determination of the Dispute or to be disposed of as the Court may direct; and for determining the Question or Questions in dispute it shall be lawful for the Court to order the Trial of One or more feigned Issue or Issues upon such Point or Points as the Court shall think proper, and also to direct who shall be the Plaintiff or Plaintiffs and who shall be the Defendant or Defendants on such Trial, or otherwise to dispose of the Question or Questions in dispute and determine the same in a summary Manner, and to make such other Rules and Orders therein, as to Costs and all other Matters, as may appear to be just and reasonable. ment of Costs. III. And be it enacted, That it shall be lawful for the Court The Court may to order the Commissioners of the Land Tax acting for the said order the PayDivisions, Parishes, or Places respectively to pay to the Person by whom or on whose Behalf such Application as aforesaid shall I i 4 be |