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Heritable Jurisdictions (Scotland) Act 1746

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Heritable Jurisdictions (Scotland) Act 1746

1746 CHAPTER 43 20 Geo 2

An Act for taking away and abolishing the Heretable Jurisdictions in Scotland; and for making Satisfaction to the Proprietors thereof; and for restoring such Jurisdictions to the Crown; and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King’s Courts and Judges there; . . .F1 and for rendering the Union of the Two Kingdoms more complete.

For remedying the inconveniences that have arisen and may arise from the multiplicity and extent of heretable jurisdictions in Scotland, for making satisfaction to the proprietors thereof, for restoring to the crown the powers of jurisdiction originally and properly belonging thereto, according to the constitution, and for extending the influence, benefit, and protection of the King’s laws and courts of justice to all his Majesty’s subjects in Scotland, and for rendering the union more complete.

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C1Short title given by Short Titles Act 1896 (c. 14)

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I1Act wholly in force at Royal Assent

F2[1.]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F2S. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F3S. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

3—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S

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6—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S

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14 Proceedings of the courts, had before 25th March, confirmed. Proceedings, &c. after 24th June 1748, to be transmitted to the sheriffs courts. Registers of hornings, &c. to be transmitted to the register house at Edinburgh.E+W+S

And that all suits, decrees, sentences, interloquitors, judgements, executions, and proceedings of or in any court hereby abrogated, taken away, and dissolved, which were depending, pronounced, awarded, or had before the said twenty-fifth day of March, shall be and remain of the same force, effect, and validity, and in the same state and condition, as the same would respectively have been in case this Act had not been made; and that all records, rolls, books, and entries of any such suits, decrees, sentences, interloquitors, judgements, executions, or proceedings relating to any civil or criminal cause in any such court shall, on or before the twenty-fourth day of June in the year of our Lord one thousand seven hundred and forty-eight, be transmitted by the possessor of any such justiciary, stewartry, sheriffship, deputy sheriffship, regality, constabulary, or baillierie to the courts of the respective sheriffs or stewarts of counties, and there lodged and kept amongst the records of such courts, which shall proceed thereupon as if the said civil or criminal causes had been commenced originally in such courts; and that the register books of hornings, inhibitions, and interdictions heretofore kept in any bailleries of royalty or regality or stewartries hereby abrogated shall, on or before the said twenty-forth day of June, be transmitted to his Majesty’s general register house at Edinburgh.

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S

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16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S

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17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S

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18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S

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19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S

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20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S

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21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S

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22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S

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23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S

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F1524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F15S. 24 repealed (5.11.1993) by 1993 (c. 50), s. 1(1), Sch. 1 Pt. I Group1

25 Letters patent, &c. for uniting or erecting lands into baronies to grant jurisdictions only for the recovery of rents and duties, &c. Grants contrary to this Act null.E+W+S

And no letters patent, charter, or grant, to be made or granted by his Majesty, his heirs or successors, or by the barons of the Court of Exchequer in Scotland, at any time after the sixth day of June in the year of our Lord one thousand seven hundred and forty-seven, for the uniting or erecting any lands or tenements within Scotland into a barony, lordship, or earldom, or under any other denomination whatsoever, or for annexing any lands or tenements in Scotland to any barony, lordship, or earldom, or other district of the like nature, under any denomination whatsoever, heretofore granted or erected, shall be sufficient or available in law to pass, grant, or convey to the grantee or grantees therein named, or any other person or persons whatsoever, any greater or other jurisdiction than for recovering and uplifting from the vassals, tenant, or possessor of the lands and heretages of the proprietor of such barony, lordship, or earldom, the mails and duties or rents and profits thereof, or for recovery of the multures or services payable or prestable to their mills; and all letters patent, charters, gifts, and grants of any of the premisses, to be made contrary to the true intent and meaning of this Act, shall be and they are thereby enacted and declared to be null and void.

F1626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F16S. 26 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

F1727. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F17S. 27 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S

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29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S

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30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S

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31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W+S

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32, 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W+S

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34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W+S

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35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W+S

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36, 37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W+S

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38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26E+W+S

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39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W+S

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40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W+S

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41, 42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W+S

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F3043. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W+S

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