The Clan Act, as subsequently amended, enables agents of the Crown to hold lands previously owned by participants in the 1715 rebellion. These agents, called "commissioners," can appoint new tenants to the lands. Superiors of the lands are forced to either sell their land to the Crown or accept new tenants selected by the commissioners. Petitioner, Alexander Duke of Gordon, was one such superior who had yet to sell his land. Alexander maintains that the commissioners of the Crown must pay an entry fine (approximately one year's rent) to hold his land. The commissioners of the Crown argue that they are not obligated to pay an entry fine.