Page:Ruffhead - The Statutes at Large - vol 5.djvu/489

 A. D. 1722. Anno nono Georgii Regis. C. 14. 443 and the Forms and Methods of proceeding in fuch Suits and Procefles fhall be in the fame Manner, as by the in Part recited Ac~t of the Parliament of Scotland is mentioned and directed. ' VIII. And whereas the prefent Magiftrates and Council of the faid City have, in Behalf of the faid ' City, entred into Bonds of Arbitration for making fuch reafonable Satisfaction to fuch Proprietors of ' the faid Parifhes of Saint Cuthberfs, Canon-Gate, South and North Lcith, as fhall fuftain any Damages ' by Reafon of extending the faid Duty or Impoiition, and fubjecling the Ale and Beer brewed, brought ' in, and fold within their refpective Properties in the faid refpective Parifhes, to the Payment of the laid ' Duty, as fhall be awarded by the Right Honourable the Earl of Dalhoufte, 'Jama Erfkine of Grange and ' David Erfkine of Dun, Efquires, two of the Senators of the College of Juftice, and Sir John Clark of 1 Pennycook, Baronet, and George Dalrymple of Dalmahoy, Efquire, two of the Barons of Exchequer in ' Scotland: And whereas the faid Magiftrates and Council are not othcrwife able to perform the faid En- c gagements on their Part, but by the Application of fome Part of the Money which fhall arife by this ' Duty or Impofition, for and towards the Satisfaction of fuch Damages as fhall be fo awarded, and it ' being juft and reafonable fuch Satisfaction fhould be made out of the faid Money, and that fome Part ' thereof fhould be fo applied ;' Be it further enacted by the Authority aforefaid, That it fhall and may Proprietors of be lawful to and for the Magiftrates of the faid City for the Time being, and they are hereby impowered the Panfheio/ and required, by and out of the Money arifing by and from the faid Duty or Impofition hereby granted St. Cuthbert,&c. and continued, to make fuch Satisfaction to fuch Proprietors as aforefaid, and for Performance of the faid J?" 3 " l0 be " tls " Engagements by the faid Magiftrates and Council of the faid City for that Purpofe entred into, as the fame fhall be awarded by the faid Arbiters, or any three or more of them, on or before the firft Day of July one thou fan d feven hundred and twenty-three; any Thing in this or any other Law or Statute con- tained to the contrary notwithftanding. ' IX. And whereas all the Proprietors of the faid Parifhes of Saint Cuthbert's, Canon-Gate, South and North Lcith have not entred into the faid Bonds of Arbitration, and that neverthelefs it is reafonable 1 ' they fhould receive Satisfaction for the Damages they may fuftain by fubjecling the Ale and Beer brew- ed, brought in and fold within their Properties to the faid Duty and Impofition ;' Be it therefore enacted by the Authority aforefaid, That all and every fuch Proprietor of the faid .Parifhes, Brewers excepted, who hath not as yet entred into any Bond of Arbitration with the Magiftrates and Council of the faid City, for the End and Purpofe above mentioned, fhall be at Liberty by any Writing under his Hand law- fully executed (Notice thereof being given to the Lord Provoft of Edinburgh, or any of the Bailies, on or Such Proprietors Defore the firft Day of May next) to fubmit and refer his Claim of Damage on the Account aforefaid, to (Naming Da- the Arbitrators before mentioned, and that in cafe of his fo doing, he fhall and is hereby appointed to re- ""refer'their" 11 ceive Satisfaction for fuch Damage, in the fame Manner as if he had been originally a Party in the faid claim. Bonds of Arbitration : And whereas it will extremely conduce towards the better carrying on the feveral and Superiority of the Lands and Mills herein after mentioned, videlicet, The Property of the Caltoun Hill and Lcith Mills, and the Superiority of the Caltoun and of the Back of the Canon-Gate ; and whereas the faid Magiftrates have entred into an Agreement to purchafe the fame from the Right Honourable the Lord Bahnerenoch Proprietor thereof, and in order to adjuft the Price of the fame, have entred into a Sub- miflion to James Erfkine of Grange, and David Erjkine of Dun, two of the Senators of the College of Ju- ftice to determine the fame ; and whereas the faid Magiftrates and Council are not able to pay the Price of Tc^xa^w the faid Premiffes, otherways than -by Application of fome Part of the Money which fhall arife by this alld L, et v, Mills Duty or Impofition ; and it being greatly for the Intereft of the faid City, that the faid Purchafe be made, & c. how to bs ' and it being juft the Price thereof fhould be paid out of the Money arifing out of the faid Duty, Be it paid, further enacted by the Authority aforefaid, That it fhall and may be lawful for the Magiftrates and Coun- cil of the faid City for the Time being, and they are hereby impowered, authorized and required, by and out of Money arifing by and from the faid Duty or Impofition hereby granted and continued, to pay and fatisfy to the faid Lord Bahnerenoch, or other Perfons interefted therein, fuch Sum or Sums of Money as and for the Purchafe of the faid Lands and Mills as aforefaid, as the fame fhall be awarded and deter- mined by the faid James Erfkine of Grange, and David Erjkine of Dun, fo as tlie faid Award or Deter-- initiation be made on or betore the firft Day of Auguft one thoufand feven hundred and twenty-three; any Thing in this or any other Law or Statute contained to the contrary notwithftanding. X. Provided always, That the faid Awards and Determinations to be given by the laid James Erfkine of Grange, and David Erfkine of Dun, and by the faid Earl of Dalhoufn, faid James Erfkine of Grange, David Erfkine of Dun, Sir John Clark of Pennycook, and George Dalrymple o'i Dalmahoy, or any three of them, in the feveral Cafes, and in Purfuance of the feveral Bonds of Arbitration before recited, and the Sums to be by them awarded, in all and each of the feveral before recited Cafes, fhall be approved of by the laid Overfeers, and that the Sums fo by them to be awarded, fhall only be a Charge upon the Duties arifing by this and the before recited Acts of Parliament, in fo far, as the fame fhall be approved of by the faid Overfeers at one of their General Meetings, and fuch Approbation recorded in their Books. XI. Provided alfo, That the Bonds of Arbitration before recited, and the Awards to follow upon them, fhall be no ways binding or obligatory upon the Magiftrates and Council oi the City of Edin- burgh, or any Parties Submitters therein, further than the fame Awards and Sums to be awarded, fhall !be approved of by the faid Overfeers in Manner before directed ; any Law or Statute to the contrary notwithftanding. ' XII. And whereas for the better and rrore advantageous carrying on the feveral Purpofes herein be- ' king a nev/ Area for the Church hereby directed to be built, and for making a Communication-Street to LIU 'the
 * Defigns mentioned, that the faid Magiftrates and Council of the faid City, fhould purchafe the Property
 * fore .; entioned, particularly for building a proper Place for keeping the publick Records, and for ma-