Edinburgh Lands.

the said Streets, which Area whereon the said Chapel is built was purchased by the said John Aikman partly from James Dewar Esquire, of Vogrie, alongst with other Subjects contained in his Disposition to the said John Aikman, dated the Twentyfourth and Twenty-ninth Days of July Eighteen hundred and one, and recorded in the Books of Council and Session the Six'teenth Day of April thereafter, and partly from the Governors of said Hospital; and the said Robert Gray, Adam Black, John 'Baird, Hugh Paton, George Johnston, William Auld, and John 'Peterson thereby agreed and bound and obliged themselves as Trustees foresaid, and their Successors in Office, that they should, upon being so empowered, sell, alienate, convey, and dispone to and in favour of the said Commissioners, or to such other Disponees as the said Commissioners should direct and appoint, at and for the foresaid Price of Two thousand Pounds Sterling, all and whole the aforesaid Subjects as before described, or by any other Description that might be considered necessary for the proper Identification thereof, together with all Right, Title, and Interest, Claim of Right, Property, and Possession which they or their Predecessors, or the said John Aikman or his Authors, had to the Premises, and for that Purpose to execute and deliver a good, valid, and effectual Disposition and Conveyance, containing all usual and necessary Clauses, in favour of ⚫ the said Commissioners or such other Disponees as the said Com'missioners might direct and appoint; and the said Commissioners should, on the Execution and Delivery of such Disposition and Conveyance, be bound to make Payment of the foresaid Sum of Two thousand Pounds without Deduction of any Expenses incurred by them in carrying out the Sale and Transference to them of the said Subjects or otherwise, such Payment to be made and applied under the Provisions of the Act of Parliament to be obtained as aforesaid; and it was thereby further declared and agreed to by the Parties, that the Term of Entry of the said Commissioners to the said Subjects should be as soon as might be agreed on after the passing of the Act of Parlia'ment empowering the said Trustees as aforesaid to sell and dispone the said Subjects to the said Commissioners, or at least at the First Term of Whitsunday or Martinmas that should happen subsequent to the passing of the said Act, from which Time or Term, as the Case might be, the said Purchase Money, if not previously paid, should bear Interest until Payment thereof was made as might be directed by the Act of Parliament to be 'obtained as aforesaid: And whereas by another Deed of Agreement, bearing Date the Thirteenth Day of March and Twentieth Day of April, both in the Year One thousand eight hundred and fifty-five, and recorded in the Books of Her Majesty's Chancery ' in Scotland the Eighth and in the Books of Council and Session the Tenth Days of May and Year last mentioned, entered into between the said Commissioners on the one Part, and the Right Honourable John Melville, Lord Provost of the City of EdinRights (if any) burgh, Adam Morrison, Francis Brown Douglas, George Clark, and John Kay, Esquires, Bailies, Peter Scott Fraser Esquire, • Dean

Agreement dated 13th

March and

20th April 1855, for

Transfer by

the Town Coun

cil of Edin

burgh of their

in the Museum

of the Univer

sity;

6

6

Edinburgh Lands.

'Dean of Guild, and David Dickson Esquire, Treasurer, and also 'the remanent Members of the Town Council, all as representing the Community of the said City, as Patrons and Guardians of the University and College of Edinburgh, on the other Part, proceeding on a Recital of the Intention to form the said National • Museum; and also reciting that certain Proposals were submitted ' on behalf of the Lords of the Committee of Privy Council for Trade to the said Magistrates and Town Council, for the Transfer 'to Her Majesty's Government by them of any Rights they might have in the Museum of the said University, on condition that the proposed National Museum was made fully available to the Professors of the said University for instructional Purposes, and 'to be open to the Public free of Charge during certain Days of the Week, and for the Acquisition by Her Majesty's Government of certain Subjects under the Management, Control, and Disposal of the said Magistrates and Town Council as Patrons and Guardians of or otherwise as Trustees on behalf of the said Univer'sity; and further reciting that the said Proposals having been 'considered at a Meeting of the said Magistrates and Town • Council on the Eighth Day of August One thousand eight hundred and fifty-four, they, by their Act of Council of that Date, 'did renounce all Right of Property in and Management of or • Control over the Collections forming the Museum of Natural History in the said University belonging to them as Patrons and Guardians aforesaid to and in favour of the said Lords of the Committee of Privy Council for Trade, and they did thereby bind and oblige themselves and their Successors in Office to transfer all such Right, Title, and Interest which they had or 'could have as Patrons and Guardians aforesaid in or to the Area ' of Land in West College Street, bounded by the said Street on the East, the Grounds of the Trades Maiden Hospital on the West, the Houses of Lothian Street on the South, and the Independent Chapel occupied by the Congregation of the Reverend • Doctor Alexander on the North, and for that Purpose to execute and deliver such legal Transfer and Conveyance as might be judged necessary, and that at the Expense of the said Lords, it being declared by the said Act of Council that such Renunciation and Transfer as aforesaid should be made on the Condition that the Views of the Lords of the Committee of Privy Council for Trade expressed in the Documents referred to in the said 'Act of Council should be fully carried into execution by the said Lords; and also reciting that by the said Act of Council the said Magistrates and Council, considering that it might become necessary to widen the Approach by North College Street to the ' said Museum, did agree to concur in any Plan which might be concerted by the said Lords for widening the said Approach; and to cede so much of the Property on the North Side of the and to cede 'said Street belonging to them as Patrons and Guardians afore- Property for said as the said Lords might think necessary to throw into the widening and 'said Street or Foot Pavement when so required to be widened; improving the and also reciting that the said Area of Land in West College the proposed Approach to • Street was originally acquired in Five separate Lots or Parcels National Mu' by

seum of Industry.

6

Edinburgh Lands.

by the Commissioners appointed by Royal Warrant to super'intend the Erection of Buildings for the said University of Edinburgh and the Expenditure of the Parliamentary Grants therefor, and the said Lots or Parcels were feudally vested in the Honour'able James Clerk Rattray, One of the Barons of the Court of Exchequer in Scotland, Robert Johnston, Merchant in Edinburgh, and Doctor Andrew Duncan junior, Secretary of the 'Senatus Academicus of the University of Edinburgh, being Three of and a Committee appointed by the said Commissioners appointed by Royal Warrant to superintend the Erection of Buildings for the said University and the Expenditure of the 'Parliamentary Grants therefor, for the Purpose of making certain Purchases for their Behoof, and the Survivors and Survivor of 'the said Baron Clerk Rattray, Robert Johnston, and Andrew 'Duncan junior, and the Heirs and Assignees of them, in trust ' and for Behoof of the said Commissioners, as the said Subjects, consisting of Five Lots or Parcels, were more particularly 'described in an Instrument of Sasine in favour of the said 'Baron Clerk Rattray, Robert Johnston, and Andrew Duncan junior, as Trustees foresaid, dated the Twelfth Day of February 'One thousand eight hundred and twenty-two, and recorded in 'the Register of Sasines kept for the City of Edinburgh the same Day, and in the several Dispositions containing the Procura'tories of Resignation on which the same proceeds and the other Titles of the said Subjects; and also reciting that the said Trustees were all dead, the said Robert Johnston having been the last Survivor of them, and that the Heirs of the said Robert Johnston, having made up a Title as Heir to him in the said Trust Subjects, had conveyed and disponed the same to the ' said Magistrates and Town Council on the same Trusts as the 'said Subjects were held by the said Robert Johnston as surviving Trustee foresaid, with a view to enabling the said Magistrates and Town Council the more effectually to carry out the said Arrangement for surrendering the said Subjects for the Purposes of the said National Museum, in which Subjects the said Magistrates had been infeft conform to Instrument of Sasine in 'their Favour recorded in the Burgh Register of Sasines for the 'City of Edinburgh the Seventh Day of March One thousand eight hundred and fifty-five; and also reciting that the Pro'perty belonging to the said Magistrates and Town Council, or under their Management and Disposal as Patrons and Guardians foresaid, situated on the North Side of North College Street, of which they agreed to cede as much as the said Lords 'might think necessary to throw into the said Street or Foot 'Pavement, when so required to be widened as aforesaid, was 'originally acquired by certain Trustees appointed by the Subscribers to a Fund for rebuilding the College of Edinburgh, in separate Lots, from William Keith, Accountant in Edinburgh, "Walter Scott, Writer to the Signet, and the Incorporation of 'Bakers of Edinburgh, to whom the respective Purchase Monies were paid, but no Title, so far as then appeared, was ever ' obtained from these Parties; and also reciting that the whole of ⚫ the

Edinburgh Lands.

the said Property in West College Street was required for the 'said National Museum; and also reciting that the said Commis'sioners of Her Majesty's Works and Public Buildings had been appointed to carry out the Arrangements for the Acquisition of the Ground required for the Site of the said National Museum, and obtaining the same vested in them; therefore the said Right Honourable John Melville, Lord Provost, Adam Morrison, Francis Brown Douglas, George Clark, and John Kay, Esquires, Bailies, Peter Scott Fraser Esquire, Dean of Guild, and David 'Dickson Esquire, Treasurer, and the remanent Members of the Town Council of the said City of Edinburgh, as the Trustees 'feudally vested in the Subjects therein-after disponed, and as Patrons and Guardians of the University of Edinburgh, or as ' having Right in any other Character or Capacity whatever to the said Subjects, did thereby alienate, convey, and dispone to and in favour of the said Commissioners of Her Majesty's Works ' and Public Buildings, for the Purposes of the said National Museum, all and the whole the foresaid Area of Land in West College Street, described as bounded by the said Street on the East, the Grounds of the Trades Maiden Hospital on the West, the Houses ' of Lothian Street on the South, and the Independent Chapel 'occupied by the Congregation of the Reverend Doctor Alexander ' on the North, or as the said Area was otherwise described in the foresaid Instrument of Sasine in favour of the said Baron Clerk 'Rattray, Robert Johnston, and Andrew Duncan junior, and the other Titles of the said Subjects; and further the said Lord <Provost, Magistrates, and Council thereby agreed and bound and 'obliged themselves and their Successors in Office to concur in any • Plan that might be concerted by the said Commissioners of Her Majesty's Works and Public Buildings for widening the Approach to the said Museum, and to cede to the said Commissioners so 'much of the foresaid Property on the North Side of North College Street belonging to them as Patrons and Guardians foresaid as the said Commissioners might think necessary to throw into the said Street or Foot Pavement, when required to be widened, and to grant such Deeds as might be legally requisite for fully vesting the Ground so to be ceded in the said Commissioners, at the Expense of the said Commissioners, which several Subjects 'therein described were stated to be delineated on a Plan thereof ' and of the other Subjects acquired or to be acquired by the said • Commissioners for the Purposes of the said Museum, the Subjects 'first therein described being coloured Pink on said Plan, and the • Subjects second therein mentioned being coloured Green thereon, which Plan is therein stated to be subscribed by the said Lord • Provost and the First Commissioner of Her Majesty's Works and • Public Buildings as relative to the said Deed of Agreement by which it was declared that the Disposition and Obligation therein 'contained were granted by the said Lord Provost, Magistrates, ⚫ and Council only for the Purposes foresaid, and no otherwise, and which Purposes should be a Real Burden on the said Disposition 'granted and to be granted; and the said whole Parties thereto further considering, that in order to fortify the Title thereby 18 & 19 VICT. ' conferred

X

Edinburgh Lands.

'conferred and to be conferred to the said several Subjects it had 'been deemed expedient that an Act of Parliament should be ' obtained for more effectually vesting the same in the said Com'missioners; therefore it was thereby agreed to by and between the said several Parties thereto that the said Commissioners of 'Her Majesty's Works and Public Buildings should within a rea'sonable Time and without undue Delay after the Date and Exe'cution of the said Deed of Agreement, and at the Expense of the 'said Commissioners, apply for an Act of Parliament containing'Clauses ratifying the said Deed of Agreement, and transferring 'to and vesting in the said Commissioners for the Purposes of the said Museum the several Subjects thereby disponed or to be'disponed in the event and for the Purpose foresaid, and declaring 'them free and disburdened of the Trusts upon which the samewere and had been held by the said Lord Provost, Magistrates, and Council, and their Predecessors, and containing such other Clauses as might be considered necessary for carrying out the Object and Intention of the said Deed of Agreement, and spe-cially, without Prejudice to the said Generality, empowering the said Magistrates and Town Council to widen or alter the Approaches or Streets leading to the said Museum, in as far as they and the said Commissioners should consider necessary, but which Power so to be obtained should not impose or imply, or be deemed or taken to impose or imply, any Obligation on the 'said Lord Provost, Magistrates, and Council to widen or alterthe said Approaches or Streets at the Expense of the Community and Common Good of said City, or out of any other Fund under 'their Management and Control: And whereas by a Disposition dated the Thirteenth, Fourteenth, Sixteenth, and SeventeenthDays of April One thousand eight hundred and fifty-five, madeand 17th April and executed by Henry Banks, Convener of the Incorporated

Disposition dated 13th, 14th, 16th,

1855, for Pur

chase of Property from the Governors of the Maiden

Hospital for the Purposes of the National Museum of Industry.

6

Trades of the City of Edinburgh and Deacon of the Incorpora 'tion of Tailors of Edinburgh; Samuel Weir, Deacon of the Incorporation of Goldsmiths of Edinburgh; John Steele, Deacon of 'the Incorporation of Hammermen of Edinburgh; Thomas Johnstone, Deacon of the Incorporation of Wrights of Edinburgh; 'Edward Macgill, Deacon of the Incorporation of Masons of Edin'burgh; John Ramage, Deacon of the Incorporation of Bakers of Edinburgh; John Cox, Deacon of the Incorporation of Furriers of Edinburgh; Robert Legget junior, Deacon of the Incorporation of Skinners of Edinburgh; Thomas MacMillan, senior Deacon of the Incorporation of Fleshers of Edinburgh; John James, Deacon of the Incorporation of Shoemakers of Edinburgh; George Tibbets, Deacon of the Incorporation of Waulkers of Edinburgh; Robert Brown, Deacon of the Incorporation of 'Websters of Edinburgh; John Williams, Deacon of the Incor'poration of Bonnetmakers of Edinburgh; George Crichton, Goldsmith, Edinburgh, and William Beattie, Builder, Edinburgh, Trades Councillors of the said City; George Roper Dickie, Preses of the Society of Barbers of Edinburgh; Gordon Brown, residing in Buccleugh Place, Edinburgh; Robert Sclater, Die and Stamp Cutter, Edinburgh; James Nimmo, Brassfounder.

6

there;