Page:Ruffhead - The Statutes at Large - vol 7.djvu/555

 A.D. 1753. Anno vicefimo fexto Georgii II. C. 36. 535 Houfe commonly called Elphingjlons Land lately ftood, near the Crofs, and comprehending within the faid Paflage, the three tiuildings"belonging to the Heirs of George MarJ])all and the Heirs o{ William Hunter; as alio the Houfes or Buildings in Bothwick's Clofe after mentioned ; videlicet, the Middle and Lower Te- nements belonging to the Heirs of the faid George Marjhall, and feveral Houfes beiwixt that Tenement and the Street of the Cowgate, comprehending the Houfe belonging to Alexander Hutton, the Houfe fome Time belonging to the Heirs of Co-fin or 'John/ton, and now to the faid Alexander Htitton, the Houfe belonging to Robert Boiuie, and the Houfe fome Time belonging to the Heirs of the laid Cor/on or fohnjlon, and now to John Rattery; and for that Purpofe, if it fhall be found necefiary, to caufe the Gavel of the Houfe called Arthur Rerd's Land, on the Ealt of the faid Area, to be taken down and rebuilt; as alfo to open a Street from the Head of Peihles IVynd on the North, to the Head o' Hajiic's Clcfi on the South, no; exceeding fixty Feet in Breadth from Eaft to Weft; and that the faid CommifTioners, or any feven or more of them, fhall have full Power and Authority to agree wi h the Owners and Occupiers of fuch Houfes or Areas as fall within the Limits of the faid Street and PafTage, and to purchafe the fame at fuch Prices as flial! be agreed on betwixt the faid Commiffioners, or any feven or more of them, and the faid Owners and Occu- piers re;pe£i:ively, and to order the faid Houfes fo purchafed to be pulled down, the Areas to be cLareJ, and the faid Street and PaiT ge to be laid or paved in fuch manner as the laid Commiflioners, or any feven or more of them, fliall appoint. VIL And for the more commodious Accefs to the High Street of the faid Ci:y from the Wefl-, Be it and for a more enafted by the Authority aforefaid. That the faid Commiilioners, or any feven or more of them, {hall have ™'"'"°'^"'"^ ■^*^' full Power and Authority to agree with the Owners and Occupiers of fuch Houfes and Grounds as ftretch s^^^^J^f'^^^^l^ from the Houfe and Stabling at the Foot of the Wefl: Bow, known by the Name of The Drovers Tryjie, in Weft. a ftraight Line Eaftward, to the Top of Henderjon's Stairs, at the Back of the Parliament or Seffion Hoafe, not exceeding one hundred Feet in Breadth, and then in a llraght Line from the Top of the faid Stairs to the High Street, at the Head of Befs JVynd^ not exceeding forty Feet in Breadth, and to purchafe the Pre- miffes at fuch Prices as ihall be agreed on between the faid Commiffioners, or any feven or more of themj and the faid Owners and Occupiers refp.£lively, and to order the faid Houfes fo purchafed to be pulled down, and the Ground or Area to be employed in fuch manner as the faid Commiflioners, or any feven or more of thsm {hall appoint, for rendering the Accefs to the High Street of the faid City, from the Weft Parts, more eafy and commodious, and otherways improving the faid City within the faid Boundaries. Vin. And be it declared by the Authority aforefaid. That it fhall and may be lawful to the Magiftrates Magifttates and and Council of the City of Edinburgh, and their Succeffors, to give, grant, alien and diipone to tlie faid p°""'^^°' ^" Commiffioners, or any feven or more of them, or to fuch Perfon or Perfons as they fhall nominate and JJ,^ o/Iands appoint in their Behalf, all or any fuch Houfes, Lands or Premifles, purchafed or which may be purchafed purchaied by by the faid City, or belonging to them, which may be proper or convenient for carrying on the aforefaid 'hem for the ■y^Qj-l^g Puipofes afors- faid. IX. And be it further enaded by the Authority aforefaid. That the faid Commilfioners, or any feven or Commiffioncr5 - more of them, {hall have full Pov/er and Authority to agree with the Owners and Occupiers of fuch ether ""^y ^e™ ^^'f-' Houfes and Grounds as ihey {hall find neceilary for carrying on the faid Works, and to purchafe the fame pf^^i.'l'^".^'™" at fuch Prices as fnall be agreed on betv/een the faid Commiffioners and the faid Owners and Occupiers anj Ground i! ' refpeitively, and to order the faid Houfes fo purchafed to be pulled down, rebuilt or employed, for the Purpofes aforefaid. ' X. And whereas it m.ay happen that fome Perfon or Perfons, or Bodi:s Politick, Corporate or Colle- ' giate, or Truftees, or others who arc feifed of or intltled to fome Houfes or Ground which may be ' neceflary to be purchafed, pulled down, converted or difpofed of, for the Purpofes of this Acf, may be ' willing to treat and agree to fell fuch Ploufss or Ground, in order to perfett fo ufeful and neceflary a ' Work, but are incapable or granting and conveying the fame, by reafon of Infancy or other Difability ' by Tallies or otherwife;' Be it therefore enaited by the Authority aforefaid. That it fhall and may be ^""^^ °'*".'=''' lawful to and for all Bodies Politick, Corporate or Collegiate, Truftees, Tutors or Curators for Infants ^^^,°j'j.(j"j(J ',-^7 or Minors, Idiots or furious Perfons, or other Perfons for v/hom they are Truftees, and for all and every to the Commif^ other Perfon or Perfons whatfoever who are or iliall be felled, poilefted of or interefted in any Houfe fionevs. or Houfes, or Grounds, which the faid Commiffioners fhall judge neceflary for the Purpofes aforefaid, whether by Titles held in Fee-fimple or taillicd, to fell and convey to the faid Commiffioners, or any feven or more of them, or their Succeffors, or to fuch other Ferlon, or Perfons as they fliall appoint, all or any fuch Houfes and Grou. ds, or any Part thereof, for the Purpofes aforefaid ; and that all Contracts, Agreements, Sales or other Conveyances thatihall be fo made, Ihall be valid to all Intents and Purpofes j any Law, Statute, Ufage, or any other Matter or Thing whatfoever to the contrary thereof notv^ith.- ftanding : And that all Truftees, Tutors or Curators, Corporations, Proprietors or Incumbrancers, fub- jeft to Taillies, and ail other Perfons, arc and fliali be hereby indemnified for what they fhall do by virtue of or in purfuance of this K(k. XI. Provided, That where Houfes, Shops or Groimds, imder Entail, are purchafed for the Purpofes J^"t!^'^ *"• "f^ aforefaid, the Price of the Preiniffes fhr.ll by Authority of the Court of Seffion be laid out upon Land, p'j.^^^"|J"jj^ ^^l^^ or other heretable Security, and the Rights and Securities devifcd and taken to the fame Series of H.-;irstiL'd lo the fame as are con ained in the original Title Deeds of the SubjeiTts under Entail, purchafed for the Ufes afore- Ufes. f.iid: And if it fhall happen that any Perfon or Perfons, Bodies Politick, Corporate or Collegiate,, ''"'"°"s tefuSng whether the City of E inburgh, or others, or any Perfons, Proprietors or Occupiers of Houfes or Grounds Co!^,TOirf",'nf.r!'^'^ where the Exchange is to be built, or the Paflages to the South, Weft and North opened, dying v/itnin th°e^P™Xfe'to the 'o« fettled by a..