Page:Ruffhead - The Statutes at Large - vol 5.djvu/493

 A.D. 1722. Anno nono Georgii Regis. C. 14. 447 uthority aforefaid, That it /hall and may be lawful to and for the Magiftrates of the faid City for the The Sum of Time being, and they are hereby authorized and impowcred, from and after the faid firft Day of July i I e 2 5.° c °'- m»y houfand feven hundred and twenty -three, to borrow any Sum or Sums of Money, not ex xeding in th „ *° ',') '?,' ,. tVhole the Sum of twenty-five thoufand Pounds, and for fecuring the Repayment thereof by any Wri- upo " ing under their Hands and Seals, to affign over the Duty or Impofttion hereby granted and continued, lueh Ferfon or Perfons who fhall lend or advance the fame, which faid Money fo borrowed fhi II bs I" ipplied and difpofed of, as the faid Duty or Impofition fhould have been applied and difpof.d of by this ct, and to no other Ufe, Intent or Purpofe whatfoever. XXIX. Provided always, That the faid Sum of twenty-five thoufand Pounds fhnll not bs borrowed all but at rfiffcrcnt it once, but at feveral and different Periods and Times, and that not fooner or within left than the Space T ' m c=. ■)f five Years next after the faid firft Day of July one thoufand feven hundred and twenty-three, and that [he fame be borrowed at fuch Times and inYuch Manner only, as the faid Overfed s fhall fee neccfi'ury "or the better carrying on all or any of the Purpofes aforefaid: And it is hereby declared, That it (hall not be lawful to and for the faid Magiftrates and Council of the faid City for the Time being, to borrow, it any Time or Times after the faid firft Day of July one thoufand feven hundred and twenty-three, fo lis to increafe the Capita] Debts of the faid City, any Sum or Sums of Money exceeding the Sum of wenty-five thoufand Pounds as aforefaid. XXX. And be it, further enacted by the Authority aforefaid, That the Money arifing from the faid Duty for the firft Duty hereby granted, during the firft Term of nineteen Years, fhall be annually applied for Payment ol '9 Years, how
 * he whole annual Payments hereby appointed as aforefaid, with the Intereft of the faid City's Capital t0 bc a PP l,ed '

Debt that fhall be due on the faid firft Day of July one thoufand ftven hundred and twenty-three, and for extinguilhing of five hundred Pounds annually of the faid Capital Debt, and wha't Overplus thereof hall remain over and above the paying of the annual Payments aforefaid, with the Intereft of the faid Capital Debt, and of five hundred Pounds annually towards the extinguilhing of the faid Capital Debt, lull be applied for the Purpofes before by this Aft directed ; and that during the fecond Term of nine- How on the <e-
 * cen Years hereby granted, the Money arifing from the faid Duty fhall be applied annually for paying contl Tcrm of
 * he aforefaid annual Sums hereby appointed, with the Intereft of the Remainder of the faid Capital Debt, '9 YearSi

ind two thoufand Pounds at leaft annually towards extinguifhing and fatisfying the Remainder of the faid Capital Debt, and what Overplus of the faid Duty fhall remain over and above fatisfying the annual Pay- nents aforefaid, with the Intereft of the Remainder of the faid Capital Debt, and two thoufand Pounds it leaft annually for extingui.!iing the faid Capital Debt, fhall be applied towards the carrying on and perfecting the whole publick Works aforefaid ; and that the Perfons and Eftates of fuch of the laid Ma- giftrates and Council, who fhall be acceffary to the increafing the faid City's Capital Debt to any greater sum than what is hereby allowed, during the faid Space of thirty-eight Years, from and after the faid firft Day of July one thoufand feven hundred and twenty-three, fhall be fubjecl: and liable to the faid City in Relief of fuch Sums as fhall be borrowed by them, more than what is hereby provided and allowed. ! XXXI. And it is hereby provided and declared, That by the Provifion for extinguilhing the City's (Capital Debt by the Sum of five hundred Pounds annually, during the firft Term of nineteen Years, knd by the Sum of two thoufand Pounds at leaft annually, during the fecond Term of nineteen Years, jit is to be underftood, that the Debts which fhall be owing by the faid City on the faid firft Day of July one thoufand feven hundred and twenty-three, together with the Principal Sum of twenty-five thoufand Pounds, which they are hereby impowered to borrow in Manner aforefaid, fhall be really and truly lef- fened the Sum of forty-feven thoufand five hundred Pounds of Principal, during the Currency of this Grant; and that it fhall not be in the Power of the Magiftrates and Council of the faid City, with or Debts by this Aft without the Confent of the Overfeers, again to replace or revive, by any new Borrowing or under any extinguished, not Colour or Pretext whatfoever, any Debt or Sum extinguifhed by the annual Payments hereby appointed to be revlved - to be made towards the finking the faid Capital Debts of the faid City. ' XXXII. And in cafe any Embezilment, Mifapplication, Negligence or other Mifdemeanor, Mifma- ' nagement of or concerning any Part of the PremifTes fhall happen, for which it may be proper and rea- 1 fonable to fue before a Court of Juftice :' For Redreffing thereof, Be it enacled by the Authority afore- faid, That it fhall and may be in the Power of the faid Overfeers, or any three of them, or any fix Bur- Mifapplications gelfes of the faid City of Edinburgh, who have been in any Office of Magiftracy in the faid City, with of the Monies Confent of any two of the faid Overfeers, to commence and carry on fuch Suit by way of Summons or by "'^ n h J thls te fummary Petition, to which the Defendant or Defendants fhall be obliged to appear and anfwer within redr efled, eight Days at moft after Citation or Service ufed againft him or them; and in cafe fuch Suit or Complaint be againft the Magiftrates or Council, a Citation ufed or ferved againft the Lord Provoft of Edinburgh for the Time being, or againft any two of the Bailies, fhall be a fufficient Citation and Service againft the whole Magiftrates and Council of the faid City, and that if the Plaintiff or Plaintiffs prevail in their Suit, or any material Branch or Part thereof, the Defendant or Defendants in the faid Suit fhall pay the whole Expences, which the faid Purfuers fhall upon Oath declare they bellowed, in fo far as the fame dees not exceed what is ordinarily beftowed and laid out in the like Cafes, by reafon of a Suit before that Court; which Expences fhall be allowed and decerned for, without any Manner of Ded ucl ion or Abatement ; any Regulation, Practice, Cuftom or Law to the contrary in any wife notwithftanding ; and if the De- fendant or Defendants be acquitted from every material Part or Branch of the Suit, they fhall, in like Manner and as fully and amply, recover their whole Expences and Cofts of Suit from the Plaintiffs in the faid Caufe. XXXIII. Provided