Page:Ruffhead - The Statutes at Large - vol 5.djvu/490

 444 C. 14. Anno nono Ge org ix Regis. A.D. 1722. ' the Fields and Grounds fituate on the North Side of the faid City, and for building a proper Hall for ' the Court of Judiciary and for the publick Offices, it will be necefTary to purchafe feveral Houfes, ' Lands, Tenements and Shops, fome of which may be the Eftates of Infants, Femes Covert or other ' cies that may arife by, from or on Account of fuch Difability,' Be it further enacted by the Autho- rity aforefaid, That it ihall and may be lawful to and for the faid Magiftrates and Council of the faid, City of Edinburgh for the Time being, and they are hereby impowered and authorized by and with the. Approbation of the Overfeers in this Act mentioned, or the Majority of them prefent at any one of their Meetings hereby appointed and directed, to treat and agree for the abfolute Purchafe of all fuch Houfes, Lands, Tenements and Shops as they ihall think proper and mod convenient for the Purpofes herein be- fore mentioned, with the feveral and refpective Owners thereof, and other Perfons therein interefted, be- ing of full Age; and in Cafes of Infancy, then with the Parents, Tutors or Curators for and on Behalf of any fuch Infant; and in cafe of Coverture, then with the Husbands or Truftees of fuch Wife, if there fhail be any : And it is hereby declared, that it lTia]l and may be lawful to and for all and every fuch Pa- rents, Tutors, Curators, Husbands and other Truftees, for and on Behalf of any Infant, Feme Covert or others, who are or fhall be poiTeffed or feized of, or interefted in any Houfe or Houfes, Shop or Shops, Lands or Tenements fo to be agreed for as aforefaid, to fell and convey any fuch Houfes, Lands, Shops and Tenements to the faid Magiftrates and Council of the faid City for the Time being, with the Ap- probation and Authority of the proper Judges, who are hereby authorized to give their Confent to fuch, Purchafes in a fummary Manner; and that fuch Contracts, Sales and Conveyances which fhall be fo made for the Purpofes aforefaid, fhall be good, valid and effectual in Law to all Intents and Purpofes; any Law, Statute, Ufage, or other Matter or Thing whatfoever to the contrary thereof in any wife not- withstanding. Purchafes to be XIII. Provided always, and be it enacted by the Authority aforefaid, That it fhall and may be lawful Dutie's^ranred to anc * ** or the Magiftrates and Council of the faid City for the Time being, to pay or caufe to be paid to by" this Afl. t ' ie f evera l or refpective Perfon or Perfons hereby directed and impowered to receive the fame, and to make Conveyances of the faid Houfes, Lands, Tenements and Shops, the feveral Sums of Money fo to be agreed for as aforefaid, for the Purchafe of the faid Houfes, Lands, Tenements and Shops, out of the Money arifing by and from the faid Duty or Impofition hereby granted and continued, and that upon fuch Payment of the faid Magiftrates and Council of the faid City, and their Succeffors, fhall or lawfully may quietly hold and enjoy the Houfes, Lands, Tenements and Shops fo to be by them purchafed for the Purpofes aforefaid, for and during the feveral Eftates and Interefts fo to be by them purchafed, notwith- ftanding any Coverture, Infancy or other Difability in the^ Law whatever, in the Owner or Owners thereof, or other Perfons therein interefted, to fell the fame, or make a good Conveyance thereof without the Affiftance of this prefent Aft. ' XIV And to the End that no Perfon or Perfons interefted in the faid Houfes, Lands, Tenements or ' Shops fo to be purchafed as -aforefaid, may be defrauded of their refpective Shares of the faid Purchafe- ' Money ■' Be it further enacted by the Authority aforefaid, That it fhall and may be lawful to and for the faid Parents, Tutors, Curators, Husbands and other Perfons whatfoever, to whom the faid Purchafe- Money is herein directed to be paid, and they are hereby directed and required, as foon as conveniently Money arifing by m ay be, by and with the Approbation and Direction of the Lords of Seffion in Scotland, to lay out and »Ued.° C 3p rnents or Shops, in Places moft convenient for the feveral Perfons interefted and concerned, to be fettled in the fame Way and Manner, and under the fame Reftrictions, and to the fame Purpofes, as the faid Houfes, Lands, Tenements and Shops that fhall be fold or difpofed of by Virtue of or in Purfuance of this Act were fettled, limited and appointed, or otherways liable to at the Time of fuch Sale or Sales, and to no other Ufe, Intent or Purpofe whatfoever; and fhall in the mean Time and until fuch Purchafe or Pur- chafes can be had or made, by aind with the Approbation of the faid Lords of Seffion as aforefaid, lay out the fame upon good real and perfonal Security, and apply and pay the Intereft thereof, from time to time, to fuch Perfon or Perfons, and to fuch Ufes, Intents and Purpofes, as the Rents and Profits of the faid Houfes, Lands, Tenements and Shops, fo to be by them purchafed as aforefaid, would, if pur- chafed, belong or be payable. Magiftrates not XV. Provided always, and it is hereby declared, That the faid Magiftrates and Council of the faid M"a Be ficatioh ^'T' ^ a " not ' n an Y wa Y be ma< ^ e chargeable with or accountable for the Application or Mifapplica- cf' the Money. tlon °f the ^ a '^ Money, or any Part thereof, it being hereby declared, that the Receipt, Difcharge or Acquittance of the feveral Perfon or Perfons hereby impowered to receive the faid Pui chafe-Money, fhall be in all Events a fufficient Exoneration and Difcharge to the faid Magiftrates and Council of the faid City, and their Succeffors for ever. Duties not to ' XVI. And for the more effectual Application of the Money that fhall arife from the aforefaid Duty be farmed, c or Impofition, to the feveral Ufes, Intents and Purpofes in this Act mentioned,' Be it further enacted/ by the Authority aforefaid, That it fhall not be in the Power of the faid Magiftrates and Council, at any Time during the Continuance of the faid Duty, to Farm, but they fhall and are hereby reftrained and prohibited from farming the faid Duty or Impofition, or any Part thereof, for the Terms for which the fame is hertby granted and continued, or for any Part thereof, but that the fame fhall be levied and col- lected by fuch Perfon or Perfons as fhall be from time to time appointed by the faid Magiftrates and Council, and the Money arifing thereby fhall, from time to time, as the fame fhall be recovered and re- ceived, be applied and difpofed of to the feveral Purpofes aforefaid, according to the Direction of this and the former Acts, '. XVII. And
 * Perfons, who by Law are difabled to alien or convey the fame; to prevent therefore any Inconvenien-
 * he v ^ urcba a f " difpofe of all the Monies arifing by fuch Sale or Sales, in the purchafing of other Houfes, Lands, Tene-