fary incident charges concerning the same, and for paying off the said capital debt of the faid city; and if any more money shall arife by the impofition hereby granted and continued, than shall be found necessary to pay off all the said debts, and discharge the annual payments, and execute the purposes that remain to be compleated as aforesaid, that overplus money shall be and is hereby directed to be laid out and applied for carrying on such publick works as shall be found necessary and useful for the service of the said city, as the same shall be fettled and agreed upon by the magiftrates and council thereof, and by the overseers, to whom the same shall be propofed, at one of their four meetings herein after mentioned and appointed; it being always hereby declared, that any proposal so to be made, shall not be approved by them, or any directions given about the fame, until there be another meeting, and the same proposals by them in such subsequent meetings confidered and approved of, and then and not till then, direction shall be given for the execution thereof.

VI. And for the better explaining and establishing the way and manner of levying the faid duty and impofition within the faid city of Edinburgh, fuburbs and liberties thereof, and within the faid paroches of Saint Cuthbert's, Canon-gate, South and North Leith, with their and every of their appurtenances, and for avoiding the multiplicity of oaths, and keeping an equality among the brewers, and preventing their being over-charged; be it further enacted by the

Duties how to authority aforesaid, That the faid duty and imposition shall be be levied. raised, levied, collected and paid, in the fame way and manner, as his Majesty's excise is now raised and levied within the faid city and liberties thereof, and the charges made by his Majesty's officers for levying and collecting of fuch excife, or an abstract thereof, under the hand of the accomptant for the Edinburgh brewery for the time being, shall and are hereby declared to be the rule for levying and collecting the faid duty and impofition hereby granted: provided always, That the faid magistrates and council for the time being, shall, and they are hereby impowered and required to make to the faid several and refpective brewers as aforesaid, in collecting the said duty or imposition hereby granted, the several allowances, discounts and mitigations which are now made to the faid brewers by the faid commiffioners of excife in Scotland, or their officers thereto duly authorized; and the commissioners of excife in Scotland for the time being, are hereby authorized, directed and required to appoint their proper officer or officers, or the faid accomptant for the Edinburgh brewery, from time to time, and so often as the same shall be defired by the said magiftrates of the faid city, or their collector or collectors, true and exact copies of abstracts attested and signed by the faid proper officer or officers or accomptant, of the feveral and respective charges given up by the faid officers of excife, upon the several and respective brew✔ers hereby fubjected to and made liable in payment of the faid duty duty and imposition, and that without any fee or reward; and that the faid charges given up, from time to time, by the said officers of excife as aforesaid, shall be the only rule and method of charging the said several brewers in payment of the faid duty.

What brewers

VII. Provided always, and be it further enacted by the authority aforesaid, That fuch of the said brewers only as shall are subject to live and refide within the said city and liberties thereof, shall, the jurifdictiby virtue hereof, and on account of the premisses, be subject on of the city. to the jurisdiction of the said city; and that such of the said brewers who shall live without the said city and liberties thereof, shall, after commencement of the said duty, and during the continuance thereof, be and continue to be subject to all suits and processes, which may happen concerning the said duty and imposition, to such judge or judges only, who, before the making this act, were competent and proper to determine in any suits against the said brewers; and the forms and methods of proceeding in such suits and processes shall be in the fame manner, as by the in part recited act of the parliament of Scotland is mentioned and directed.

VIII. And whereas the present magistrates and council of the faid city have, in behalf of the faid city, entred into bonds of arbitration for making fuch reasonable fatisfaction to such proprietors of the faid parishes of Saint Cuthbert's, Canon-gate, South and North Leith, as shall fustain any damages by reason of extending the said duty or impofition, and subjecting the ale and beer brewed, brought in, and fold within their respective properties in the faid respective parishes, to the payment of the faid duty, as shall be awarded by the right honourable the earl of Dalhousie, James Erskine of Grange and David Erskine of Dun, esquires, two of the senators of the college of justice, and Sir John Clark of Pennycook, baronet, and George Dalrymple of Dalmahoy, esquire, two of the barons of exchequer in Scotland: and whereas the faid magistrates and council are not otherwise able to perform the Said engagements on their part, but by the application of some part of the money which shall arife by this duty or impofition, for and towards the fatisfaction of fuch damages as shall be so awarded, and it being just and reasonable fuch fatisfaction should be made out of the said money, and that some part thereof should be so applied; be it further enacted by the authority aforesaid, That Proprietors of it shall and may be lawful to and for the magiftrates of the faid the parishes of St. Cuthbert's, city for the time being, and they are hereby impowered and &c. how to be required, by and out of the money arifing by and from the said fatisfied. duty or impofition hereby granted and continued, to make fuch fatisfaction to such proprietors as aforesaid, and for performance of the faid engagements by the faid magistrates and council of the faid city for that purpose entred into, as the same shall be awarded by the faid arbiters, or any three or more of them, on or before the first day of July one thousand seven hundred and twenty three; any thing in this or any other law or statute contained to the contrary notwithstanding.

E3

IX. And

IX. And whereas all the proprietors of the said parishes of Saint Cuthbert's, Canon-gate, South and North Leith have not entred into the faid bonds of arbitration, and that nevertheless it is reafonable they should receive fatisfaction for the damages they may fuftain by subjecting the ale and beer brewed, brought in and fold within their properties to the said duty and imposition; be it therefore enacted by the authority aforesaid, That all and every such proprietor of the said parithes, brewers excepted, who hath not as yet entred into any bond of arbitration with the magistrates and council of the faid city, for the end and purpose above mentioned, shall be at liberty by any writing under

his hand lawfully executed (notice thereof being given to the Such proprie-lord provost of Edinburgh, or any of the bailies, on or before the tors fustaining first day of May next) to fubmit and refer his claim of damage damage, to whom to refer on the account aforesaid, to the arbitrators before mentioned, their claim. and that in case of his so doing, he shall and is hereby appointed to receive fatisfaction for fuch damage, in the same manner as if he had been originally a party in the faid bonds of arbitration: and whereas it will extremely conduce towards the better carrying on the several designs mentioned, that the said magiftrates and council of the faid city, fhould purchase the property and fuperiority of the lands and mills herein after mentioned, videlicet, The property of the Caltoun hill and Leith mills, and the fuperiority of the Caltoun and of the back of the Canon-gate; and whereas the faid magistrates have entred into an agreement to purchase the fame from the right honourable the lord Balmerenoch proprietor thereof, and in order to adjust the price of the same, have entred into a submission to James Erskine of Grange, and David Erskine of Dun, two of

the senators of the college of justice to determine the fame; Purchase mo- and whereas the said magiftrates and council are not able to ney of Caitoun pay the price of the said premisses, otherways than by applicahill and Leith tion of fome part of the money which shall arife by this duty mills, &c. how to be paid.

or impofition; and it being greatly for the interest of the faid city, that the faid purchase be made, and it being just the price thereof should be paid out of the money arising out of the faid duty, be it further enacted by the authority aforesaid, That it shall and may be lawful for the magistrates and council 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 said lord Balmerenoch, or other perfons interested therein, fuch fum or fums of money as and for the purchase of the faid lands and mills as aforesaid, as the same shall be awarded and determined by the said James Erskine of Grange, and David Erskine of Dun, so as the said award or determination be made on or before the first day of August one thoufand feven hundred and twenty-three; any thing in this or any other law or statute contained to the contrary notwithstanding.

X. Pro

X. Provided always, That the said awards and determinations to be given by the said James Erskine of Grange, and David Erskine of Dun, and by the faid earl of Dalhousie, faid James Erskine of Grange, David Erskine of Dun, Sir John Clark of Pennycook, and George Dalrymple of Dalmahoy, or any three of them, in the several cafes, and in pursuance of the feveral bonds of arbitration before recited, and the fums to be by them awarded, in all and each of the several before recited cafes, shall be approved of by the faid overseers, and that the fums so by them to be awarded, shall only be a charge upon the duties arifing by this and the before recited acts of parliament, in so far, as the same shall be approved of by the said overseers at one of their general meetings, and such approbation recorded in their books.

XI. Provided alfo, That the bonds of arbitration before recited, and the awards to follow upon them, shall be no ways binding or obligatory upon the magistrates and council of the city of Edinburgh, or any parties fubmitters therein, further than the fame awards and sums to be awarded, shall be approved of by the faid overseers in manner before directed; any law or statute to the contrary notwithstanding.

XII. And whereas for the better and more advantageous carrying on the feveral purposes herein before mentioned, particularly for building a proper place for keeping the publick records, and for making a new area for the church hereby directed to be built, and for making a communication-ftreet to the fields and grounds fituate on the north fide of the faid city, and for building a proper hall for the court of justiciary and for the publick offices, it will be necessary to purchase Several houses, lands, tenements and shops, some of which may be the estates of infants, femes covert or other persons, who by law are disabled to alien or convey the fame; to prevent therefore any inconveniencies that may arise by, from or on account of fuch disability, be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the faid magistrates 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 overseers 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 absolute purchase of all such houses, lands, tenements and shops as they shall think proper and most convenient for the purposes herein before mentioned, with the feveral and respective owners thereof, and other perfons therein interested, being of full age; and in cases of infancy, then with the parents, tutors or curators for and on behalf of any such infant; and in case of coverture, then with the husbands or trustees of fuch wife, if there shall be any: and it is hereby declared, that it shall and may be lawful to and for all and every fuch parents, tutors, curators, husbands and other trustees, for and on behalf of any infant, feme covert or others, who are or shall be poffefsed or feized of, or interested in any house or houses, shop or shops, lands or tenements fo

Purchases to

be paid for out granted by this act.

of duties

to be agreed for as aforesaid, to sell and convey any such houses, lands, shops and tenements to the said magiftrates and council of the faid city for the time being, with the approbation and authority of the proper judges, who are hereby authorized to give their consent to fuch purchases in a fummary manner; and that fuch contracts, fales and conveyances, which shall be so made for the purposes aforesaid, shall be good, valid and effectual in law to all intents and purposes; any law, statute, usage, or other matter or thing, whatsoever to the contrary thereof in any wife notwithstanding.

XIII. Provided always, and be it enacted by the authority aforesaid, That it shall and may be lawful to and for the magistrates and, council of the faid city for the time being, to pay or cause to be paid to the several or respective person or persons hereby directed and impowered to receive the fame, and to make conveyances of the said houses, lands, tenements and shops, the several fums of money so to be agreed for as aforesaid, for the purchase of the said houses, lands, tenements and shops, out of the money arifing by and from the faid duty or imposition hereby granted and continued, and that upon such payment the said magiftrates and council of the said city, and their successors, shall or lawfully may quietly hold and enjoy the houses, lands, tenements and shops so to be by them pur chased for the purposes aforesaid, for and during the several eftates and interests so to be by them purchased, notwithstanding any coverture, infancy or other disability in the law whatever, in the owner or owners thereof, or other perfons therein interested, to fell the fame, or make a good conveyance thereof without the assistance of this present act.

XIV. And to the end that no person or persons interested in the Said houses, lands, tenements or shops so to be purchased as aforesaid, may be defrauded of their respective shares of the said purchasemoney; be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the faid parents, tutors, curators, husbands and other persons whatsoever, to whom the faid purchase-money is herein directed to be paid, and they are hereby directed and required, as foon as conveniently may be, by and with the approbation and direction of the lords of

Money arifing feffion in Scotland, to lay out and dispose of all the monies arifing by the pur- by such fale or fales, in the purchasing of other houses, lands, chases how to tenements or shops, in places most convenient for the several be applied.

persons interested and concerned, to be settled in the fame way and manner, and under the same restrictions, and to the same purposes, as the said houses, lands, tenements and shops that shall be fold or difpofed of by virtue of or in pursuance of this act were fettled, limited and appointed, or otherways liable to at the time of fuch sale or fales, and to no other use, intent or purpose whatsoever; and shall, in the mean time and until such purchase or purchases can be had or made, by and with the approbation of the faid lords of feffion as aforesaid, lay out the fame upon good real and personal security, and apply and pay

the