Page:Ruffhead - The Statutes at Large - vol 7.djvu/557

 A.D« 1753' Anno viccJimo fexto Georgii IF. C. 36. 537 XIII. And it is hereby fenaiSed and declared, That upon Payment of fuch Sum or Sums of Money fo to upon Paymrnt tie awarded or adjudged to the Party or Parties concerned, or legal Tenders thereof made to him, her or'"'- T.-ndcr of Ihc them refpe£tive]y, at his her or their Dwelling-hoiifej in cafe fuch Party or Parties can bc-met with, and*"'" -"w-'Kicd. on Refufal of the fame, or if he, flie or they have no fuch Dwelling-houfe in Edhthvr^h^ then upon Pay-" ment thereof into the Bank of Scotland^ or into thfe Royal Bank of Scctlmid, for the t/le of the Party or Parties interefled as aforelaid, and to be iiTued to him, her or tliem, by Order of the faid Corsmiffiorjers, or any k'J^n. or more of them, and Notice of fuch Payment left in Writing at the ]')v/e]ling-houfe of fome Tenant and Occupier of the PremJlIes, it fiiall then, and rot before, or otherwife, be lawful to and for the faid Commillioners and their Succefibrs, and to and for their Agents and Workmen, to remove, pull down, tj^ CcramffiiT' order, convert and difpofe of fuch Houfes, Tenements, Buildings, Ground and Premifles, for the Pur- ners may enur pofes of this Aci, in fuch manner as the faid Commiffioners, or any fcven or more of them, fliall fee fit and^n'^j'",.'^""'" expedient; and the faid Coinmiffioners ftiall be indemnified therein, and quieted in the Pofleffion of the Pre- "-■^'-"■ '^''^" milles fo to be orderad, converted and difpofed of, by Virtue and under the Authority of this prcfcnt Aft ; provided that previous Notice fliall be given to the Tenants and Occupiers of fuch ffoaies fo to be pulled freviou's Notice ciown, three Calendar Months at lealt before the Term of IVhhfimday, at which the faid Tenants or Occu- '° be given v, piers are to be removed, by affixing a Schedule to that Effeft upon the moft patent Door of fuch Houfe or' ^ '•<:?•''' HoUfes, or delivering the fame to the principal Tenant or Occupier of the fame ; which Schedule fnali be ordered and appointed, and fo delivered and affixed by Order of the faid Commiffioners, or any feven or more of them, and an Advertifment thereof fliall be inferred in any of the Edinburgh News Papers; and in DifputesSetwcca qafe any Difpute fhall arife between the Parties claiming or intitled to different Interefl: in the Houfes, the Claini5nts Grounds, Tenements and Hereditaments, neceflary tobepurchafed, pulled doWli, converted or difpofed of, .*^'l'^Y° ''° ^*^' for the Purpofes of this Aft, or in cafe the Title to the fame Premifies ftiall not appear fufftcient and eftec--''' tual to the Satisfaftion of the faid Commiffioners, or any feven or more of them, then and in fuch Cafe aftei* fuch Damage and Recompence afleffed or awarded by the Verdift of a Jury, and fuch Decree, Judgment and Determination of the Commiffioners thereupon as aforefaid, it fhall and may be lawful to and for the faid Commiffioners, or any feven or more of them, to pay or direft the Money fo to be awarded or adjudged foi- the Purchafe of the Premiffes into either of the aforefaid Banks, or otherwife at the Requeft of the Perfon or Perfons who fhall then be in PofTeffion of the fame, or into the Hands of the Magifirrates and Town Council oi Edinburgh, and their Treafurer for the Time being, in the Terms, and upon the Conditions mentioned in an Aft of the Parliament oi' Scotland, made in the Year one thoufand fix hundred and ninety-five, intituled,' ASl j-elaiing to Sale and Payment of Bankrupts EJiates, but with Interejl as hereafter mentioned ; there to re- Aft In the Vear main until the Matters in Difpute between the Parties interefled fhall be fettled and adjuiled, or the Title of ^^95- the Premifles cleared up or made out to the Satisfaftion of the faid Commiffioners, or any feven or more of them ; and after the fame fhall be fo fettled, adjufted, and made up, the Money configned as aforefaid, lliall be paid by the City of Edinburgh or its Treafurer, with Intereft thereof, at the Rate of one per Centum below The Money to be the legal Intereff, or by the faid Bank, or their Cafhier, to the Order of the faid Commiffioners, or any p^'d ™th in- i&iitn or more of them ; and after fuch Payment into either of the faid Banks, or Confignation thereof as '"'^*' aforefaid, it fhall then, and not before, or otherways, be lawful for and to the faid Commiffioners and their After Paym-nt, Succefibrs, or any feven or more of them, and for and to their Agents and Workmen, to remove, pull Commiffioners down, order, convert, and difpofe of fuch Houfes, Tenements, Buildings, and Premiffes, purfuant to '"''y ^"ter, &c. and by the Authority of, and for the Purpofes of this Aft ; and the faid Commiffioners fhall be indemnified therein, and quieted in the Pofleffion thereof, and fhall not be anfwerable or accountable in any Court of Law or Equity, for the Money fo depofited or applied as aforefaid, any otherways than according to the Tenor, Purport, and true Meaning of this Aft; and if there fhall be no Challenge for five Years, from and after the Confignation of fuch Price, it fhall and may be lawful for the faid Commiffioners, or anyfeveil or more of them, to iffue their Warrant in V/riting for Payment of fuch Price and Interefl, as fhall be due thereon, to the Perfon or Perfons who were in Poflbffion as Proprietor or Proprietors of fuch Houfe or Houfes, at the Time the fame were pulled down. XIV. And be it declared and enafted by the Authority aforefaid. That the faid Comrniffioners, or anyCommMoners- feven or more of them, fhall have the fole Adminiftration of the Money contributed and lubfcribed for, orf.l'fy^ t/"-" A-l* that may be contributed or fubfcribed for, and they are hereby authorized and impowered to call for the fame T'"!J{"'.'''"|-°* from the Subfcribers at fuch Time, and by fuch Moieties, as they fhall judge proper, with Power to them, (-cribed^and^fo or any feven or more of them, to etnploy the fame in making Purchafcs for the Purpofes aforefaid, and to call for the fames take the Rights and Conveyances of the Purchafes fo to be made to the faid Commiffioners and their Succef- fors in Office, or to fuch Perfon or Perfons, Bodies Corporate or Collegiate, as the faid Commiffioners, or any feven or more of them fhall direft, for carrying the Purpofes of this Aft into Execution, after dedufting the reafonable Charges expended, or to be expended in or about, or by reafon of paffing this Aft, and for the Ufes and Purpofes therein mentioned, and no otherways. ' XV. And whereas divers Houles, or other Hereditaments, lying and fiiuated within the Limits and ' Boundaries above defcribed, or fome of them, have been, and are infured with and by the Corporation ' called and known by the Name of The Edinburgh Friendly Infurance againjl Lojf-s by Fire; and the Pre- ' Time of the Demolition thereof in confequcnce of this prefent Aft, may be owing, and theBonds for fuch ' Premiums are made a real Burden on the PremifTes infured, by virtue of a Claufe in an Aft of Parliament ' pafTed in the firli Year of his prefent Majefty's Reign, intituled, An A61 to explain the Acli of the third and l^'^o. z. c.ia. ' ninth Yean of his late Majefys Reign^ for continuing the Duty af two Pefinies Scots on every Pint of Ale and ' Beer fold in the City of Edinburgh, in relathn to the Payment of Petty Port Cnjhnis^ and for the mire effec- VoiX VII. Z z z, ' iuai
 * miums of Infurance for fome of ihem are or may be paid, as the Premiums for others of them are, at the