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The act 1600, cap. 7, in explanation of former acts anent usury, declares,

That in all actions alreadie intended, dependand, or hereafter to be intended against contraveiners of the saids acts, litiscontestation being made therein, by admitting of the summons to probation, it shall be lesome to prove the saids summons and contraveining of the saids acts, or any of them, anent the taking of unlawfull and exhorbitant profite for summes of money, by writte or eath of partie, receaver of the said unlawfull profite, and be the witnesses insert in the said securitie, made for the saids summes, without receaving of the eath of the partie, giver of the saids unlawfull profites, for eschewing of all occasion of perjurie, whilk might be suspected to proceed thereupon.

And the statute 1621, cap. 28, is in the following

terms:

Our Soveraigne Lord, and Estates of this present Parliament, considering, that notwithstanding usurie, and taking unlawful annuel, more than ten for each hundreth, hath been by sundry actes of before discharged and forbidden; yet it hath been usual, by ane evill and corrupt custome, to take or retaine the annuelrent, the time of the borrowing the money, which in effecte is eleven of each hundredth at least; for avoyding whereof, statutes and ordains, That no person who lendes or gives out money, and receaves annuel therefore, shall retaine the time of the lending, exact, crave, or receave, from their debtors, the annuel of their lent summes, until the tearme of payment appoynted by their bandes be first come. And it shall be lawful, at the time of lending of money and making of bands, to adde the annuel unto the principal sum: Providing alwayes, neither principal nor annuel be exacted or craved, before the tearme of payment appoynted to the said band; and the contraveeners of this present statute shall be punished as unlawful usurers.

The statute 12. of Queen Anne, cap. 15, is in these words:

Whereas the reducing of interest to ten, and from thence to eight, and thence to six in the hundred, hath, from time to time, by experience been found very beneficial to the advancement of trade, and improvement of lands: And whereas the heavy burden of the late long and expensive war hath been chiefly borne by the owners of the land of this kingdom, by reason whereof they have been necessitated to contract very large debts, and thereby, and by the abatement in the value of their lands, are become greatly impoverished: And whereas, by reason of the great interest and profit which hath been made of money at home, the foreign trade of this nation hath of late years been much neglected, and at this time there is a great abatement in the value of the merchandizes, wares, and commodities of this kingdom, both at home and in foreign parts, whither they are transported: And whereas, for the redress of these mischiefs, and the preventing the increase of the same, it is absolutely necessary to reduce the high rate of interest of six pounds in the hundred pounds for a year to a nearer proportion with the interest allowed for money in foreign states; 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 no person or persons whatsoever, from and after the said nine and twentieth day of September, in the year of our Lord 1714, upon any contract, which shall be made from and after the said nine and twentieth day of September, take, directly or indirectly, for loan of any monies, wares, merchandize, or other commodities whatsoever, above the value of five pounds for the forbearance of one hundred pounds for a year, and so after that rate for a greater or lesser sum, or

for a longer or shorter time; and that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void; and that all and every person or persons whatsoever, which shall after the time aforesaid, upon any contract to be made after the said nine and twentieth day of September, take, accept, and receive, by way or means of any corrupt bargain, loan, exchange, chevizance, shift, or interest of any wares, merchandize, or other thing or things whatsoever, or by any deceitful way or means, or by any covin, engine, or deceitful conveyance, for the forbearing or giving day of payment for one whole year, of and for their money or other thing, above the sum of five pounds for the forbearing of one hundred pounds for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter term, shall forfeit and lose for every such offence the treble value of the monies, wares, merchandizes, and other things, so lent, bargained, exchanged, or shifted.

And be it further enacted by the authority aforesaid, That all and every scrivener and scriveners, broker and brokers, solicitor and solicitors, driver and drivers of bargains for contracts, who shall, after the said nine and twentieth day of September, take or receive, directly or indirectly, any sum or sums of money, or other reward or thing for brokerage, soliciting, driving, or procuring the loan, or forbearing of any sum or sums of money, over and above the rate or value of five shillings for the loan, or forbearing of one hundred pounds for a year, and so rateably, or above twelvepence, over and above the stamp-duties, for making or renewing of the bond or bill for loan, or forbearing thereof, or for any counterbond or bill concerning the same, shall forfeit for every such offence twenty pounds, with costs of suit, and suf

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fer imprisonment for half a year; the one moiety of all which forfeitures to be to the Queen's most excellent Majesty, her heirs and successors, and the other moiety to him or them that will sue for the same in the same county where the several offences are committed, and not elsewhere, by action of debt, bill, plaint, or information, in which no essoign, wager of law, or protection, shall be allowed.

In regard to prosecutions for usury, no time is limited by this act of Queen Anne, within which they require to be instituted. In England, action on this and some other penal statutes must be brought within one year from the date of this offence, if brought at the instance of a private party; and within two years, if at the instance of his Majesty. This has been acted upon in Scotland, as the rule in the following cases: Walker v. Allan, 30. June 1807, Morison v. Connel, 24. June 1808, and Meal v. Thom, 27. Nov. 1810. But it is a limitation applicable only to the suit for treble penalties, and not to that for voiding the usurious transaction.

Hume on Crimes, I. 499.-Erskine, IV. 4. 76.

VAGABONDS AND VAGRANTS. See PoOOR.

VITIOUS INTROMISSION. See REPRESENTA

TION.

VOL. II.

2 c

WARDHOLDING.

Under the original military feudal tenure, the vassal's personal services were the return for the grant. On the vassal's death, if the heir was a minor, the superior was thus deprived of his vassal's services for a time. In lieu of these, he got the whole rents of the heir's estate, and the guardianship of his person, while under age. Afterwards, however, this casual return was converted into a payment of money fixed by the Reddendo of the charter, which constituted the tenure of wardholding.

The statute 20. of Geo. II. cap. 50, declares,

That the tenure of lands or heritages in Scotland by wardholding, whether simple or taxed ward, and the casualties consequent upon the same by ward, marriage and recognition, be taken away and discharged, and they are here. by taken away and discharged, from and after the 25th day of March in the year 1748; any law, statute, custom or usage to the contrary hereof in any wise notwithstanding.

II. And be it enacted, That all tenures of any lands or heritages in Scotland, that are now held, or liable to be held of his Majesty by wardholding, whether simple or taxed ward, are hereby enacted to be turned into blanch holding, for payment of one penny Scots at the feast or term of Whitsunday yearly, si petatur tantum; and as often as such lands or heritages shall fall in non-entry, the same shall be no longer subject or liable to the annual payment of the new extent or retour duty of such lands or heritages, but instead thereof shall be subject and liable to the annual pay

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