43, C. 151 28, PROVIDED also, That no Juftice of the Peace, being GEO. 11, also a Master Cotton Weaver, fhall act as fuch Justice under -COTTON this Act, any Thing herein contained, or any former Sta- WEAVERS, tute, Law, Ufage, or Custom to the contrary thereof in any- No master wife notwithstanding. 29, PROVIDED alfo, That no Proceeding under this Act shall be set aside or quafhed for Want of Form. to act as a Justice of Peace under this Act. extent. 30, PROVIDED alfo, That nothing in this Act contained Proceedfhall extend, or be conftrued to extend, to repeal, abridge, ings not to annul, or make void any of the Claufes, Provifions, Reme- be quafhed. No repeal dies, or Powers contained in the feveral Acts made and of former paffed in the First Year of the Reign of her late Majesty acts beyond Queen Anne, and in the Thirteenth and Twenty-third a certain Years of the Reign of his late Majefty King George the Second, and the Seventeenth Year of the Reign of his prefent Majefty, or in any or either of them; or in any other Act or Acts relating to the Powers of Juftices of the Peace, unless in fo far as altered by this Act, or to the faid Trade heretofore made and paffed, fo far as the fame enact, provide, or inflict any Pains, Penalties, and Punishments upon, or against such Workmen, and fo far as the fame enact, provide, or afford any Remedy or Remedies to the Mafters against the Workmen engaged in the faid Trade or Manufacture, (fave and except where Referees have been appointed in the Manner directed by this Act), any Thing in this Act contained to the contrary thereof in anywife notwithstanding. 31, THAT this A&t fhall be taken and allowed to be a Public a&. public Act in all Courts within this Kingdom; and all Judges and Justices of the Peace are hereby required to take Notice thereof as fuch without fpecially pleading the fame. FORM of the AWARD to be written at the Foot or upon the Back of the Order of the Justices of Peace, certifying the Reference. WE I. K. and L. M. (name and defcribe the Referees) the Referees appointed to fettle the Matters in Difpute between the Parties within named, (I. K. one of the Referees fo appointed, or L. M. the other Referee appointed, having failed GEO. HI, 43, C. 151. to attend, or I N. O. the Juftice, as the Cafe may be) do COTTON hereby adjudge and determine, that (here fet forth the DeWEAVERS. termination to which the Referees or Referee or Fuflice, as the Cafe may be, fhall fubfcribe their Names.) FORM of INDORSEMENT extending the Time limited for making the Award. WE A. B. and C. D. Parties to the within Reference, do hereby agree to extend the fame to the inclufive. Witnefs our Hands this Witnefs Day of Day A. B. C. D. FORM of ACKNOWLEDGMENT of Fulfilment of the AWARD to be written at the Foot thereof. I A. B. do hereby acknowledge that the above Award has been fulfilled by C. D. who is hereby difcharged of the fame. Witnefs my Hand this Witness Day of A. B. FORM of CONVICTION for refusing or delaying to fulfil the AWARD. BE it remembered, That on the in the Year of His Majesty's Day of ) that the of our Lord No. LXVI. Geo, III, 39, c. 55, paffed June 13, 1799, An Act for encouraging the Improvement af Lands fubject to the Servitude of Thirlage, in that Part of Great Britain called Scotland. 1, IT fhall be lawful to the Proprietor... of any Lands or Tenements thirled or aftricted to any Mill... or to the Proprietor of any Mill to which the Lands or Tenements of any other Perfon are thirled or aftricted... to apply to His Majefty's Sheriff or Steward Depute of the County or Stewartry Application ...or to his Substitute, by a Petition, fetting forth fuch his how made. or their Defire, and fpecifying the Lands and Tenements fo thirled which he or they is or are defirous fhould be freed from fuch Thirlage, and the Mill or Mills to which fuch Lands or Tenements are fo thirled, and also the Nature of the Thirlage, the feveral Species of Corn or Grain over which it is extended, the Quantity of Multure paid for grinding every Sort of Grain, the Services dependent on the Right, and the total Amount of the Multures and other Dues claimed or allowed to be due; which Petition the faid Sheriff or Stewart Depute or Subftitute fhall order to be Service on ferved on the other Party or Parties interested in the faid the other Thirlage, and on the Tenant or Tenants of the Mill or party. Mills described in the said Petition, and shall also cause an edictal Citation to be made of all Parties having, or pretending to have, intereft in the faid Thirlage, at the Church or Churches of the Parish or Parishes within which the Mill, and alfo the Lands thirled thereto, are fituated; and the Party or Parties on whom fuch Petition is ferved fhall, within 40 Days after fuch Service and Citation, if within Scotland, or if furth thereof then within 60 Days, lodge with Entail. the Sheriff or Steward's Clerk their Anfwers to the Petition, (and if any of the faid Subjects are entailed, on the next fubtitute Heir of Entail within the Kingdom who would fucceed, failing the Heir in Poffeffion and his Family), and fhall therein fet forth all Objections they may have, either to any further Procedure, or to the Matter of the faid Petition, and they fhall alfo ftate every Claim, Demand, or De 4 GEO. 111, 39, c. 55. TRL Order. Summon ing the jury. duction which they are either then or afterwards to make or crave; which Petition and Answers the Sheriff or Steward AGE ACT. Depute, or his Subftitute, fhall immediately take into Confideration, and within 30 Days fhall make an Order or Decree, finding and declaring the precife Matters in the faid Petition and Anfwers, which are relevant to pass to the Knowledge of a Jury in Manner after mentioned, and 20 Days from the Date of fuch Order or Decree having elapfed, or in Cafe of any Advocation, Sufpenfion, or other Stay by the Authority of a Superior Court, within 10 Days after fuch Advocation, Sufpenfion, or other Stay has been difcuffed and removed, the Sheriff or Steward Depute, or his Substitute, fhall pronounce an Interlocutor, appointing a Jury to be fummoned on a certain Day, to be expreffed in the faid Interlocutor at the Distance of not less than 30, and not more than 40 Days from the Date of fuch Interlocutor, to give their Verdict or Determination on the Matters contained in the faid Petition and Answers, and decree made thereon by the faid Sheriff, or Steward Depute or Subftitute, or by a fuperior Court, in fuch Manner and for fuch Purpose as herein after is directed; and the faid Sheriff, or Steward Depute, or his Substitute, is hereby directed and required to fummon an Affize of at least 21 impartial and difinterefted Men, each of whom fhall be an Heritor, or Tenant of Land paying 30l. Sterling of yearly Rent, within the faid County or Stewartry, or in the Cafe of Heritors occupying their own Lands, then of 30l. Scots of valued Rent, on fuch Day as fhall be mentioned in the Interlocutor aforefaid; which Affize being called on the faid Day, the Number of Affize re- Perfons then attending on the faid Affize fhall be reduced to Nine by each Party, (that is, the Proprietor of the Mill on the one Part, and the Proprietor or Proprietors of the thirled Lands or Tenements on the other), ftriking off alternately, beginning on the Part of the Proprietor of the Mill, or, in Cafe of any of the Parties not appearing, by the Sheriff or Steward Depute or Subftitute ftriking off for and on Behalf of fuch Party, till the Number be reduced to Nine, who fhall be fworn and conftitute a Jury for the Determination of the annual Value of the Thirlage Services and Preftations thereto annexed, which is fubmitted to their confideration; before which Jury and the faid Sheriff, or Stewart Depute or Subftitute, the faid Petition and An duced. Jury con- OF STATUTES. ccxli THIRL upon AGE ACT. of the Iwers, or Decree, together with fuch Evidence as any of the GEO. 11, Parties may incline thall be laid, which Evidence fhall be 39, C. 55, taken in Writing, and remain for four Years at least Record in the Court where it was taken; and after deliberating thereon, and hearing Parties and their Procurators, if they fhall defire to be heard, and upon a due Confideration. of all the Circumftances of the Cafe, the faid Jury fhall, by their Verdict or Determination, fix and afcertain the Amount of fuch annual Payment in Grain, of fuch Kinds, and in fuch Quantity and Amount as to the faid Jury fhall Jury fixing appear to be a juft, fair, and equal Value and Compenfation the amount for the faid Right of Thirlage, and all and every Service, annual Preftation, or Restriction thereto annexed or incident; of payment. which Verdict or Determination an Abbreviate fhall be regiftered by any of the Parties in the General Register of Safines at Edinburgh, or the particular Register for the faid County or Stewartry, within fixty Days after the pronounc ing of fuch Verdict or Determination: Provided always, That nothing herein contained fhall invalidate or infringe Refervation the Right competent to the Proprietor of any Mill for fup- of rights as porting and repairing the Mill-dam, and the Lead or Aque- mill-dams. duct conducting the Water to fuch Mill, by taking Stones, to repairing Turf, or other Materials, from the thirled Lands of any neighbouring Heritor along which the faid Aqueduct paffes, or of deepening or clearing the fame, conform to use and wont. veited. 2, IT shall be lawful to the faid Sheriff, or Stewart, De- Jurifdiction pute or Subftitute, and they are hereby empowered and authorized to decide and determine, by their Order or Decree, on the faid Petition and Anfwers, all Queftions in Law therein contained, refpecting the Nature, Quality, and Extent of the Thirlage to be valued, and Services, Preftations, and Reftrictions thereto incident, or the Claims, Demands, and Deductions made or craved by either of the Parties, any Law or Practice to the contrary notwithstanding. 3, PROVIDED always, That it fhall not be lawful to the faid Limitation Sheriff, or Stewart Depute or Subftitute, to pronounce any thereof. Judgment or Decree, finding or declaring Lands to be thirled or aftricted to a Mill where, the Proprietor of the Lands denies the Existence of any fuch Right of Thirlage, unless the other Party produce an Extract of a Decree of Declarator, pronounced by the Court of Seffion, or fufficient Evi |