Edinburgh Lands.

"there; James Milne, Boot and Shoe Maker there; George Copland, Tailor there; James Thomson, Hosier, North Saint Andrew Street there; William Cushnie, residing at Malta Green Cottage 'there; Robert Legget senior, Skinner, Water of Leith there; and

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John Clark, residing in Teviot Row there, all then Governors of the Maiden Hospital founded by the Craftsmen of Edinburgh and "Mary Erskine, and erected or incorporated by Statute from Queen 'Anne, dated the Twenty-fifth Day of March One thousand seven hundred and seven, Heritable Proprietors of the Subjects thereby disponed, in consideration of the Price therein mentioned, sold, 'alienated, and disponed from them and their Successors in Office to the said Commissioners of Her Majesty's Works and Public Buildings, heritably and irredeemably, all and whole the Ground and Buildings known, used, and occupied as the Trades Maiden 'Hospital, bounded as therein described, all as the said Ground and Buildings were delineated and coloured Blue on a Plan thereof and of other adjoining Properties acquired or to be acquired by the said Commissioners which was subscribed by 'the said Henry Banks, Convenor foresaid, and John Clark, Treasurer of the said Hospital, on behalf of the Grantors of the said Disposition, as relative thereto, which Subjects thereby disponed were stated to be Part of the several Subjects thereinafter described, or one or other of them, in which several Sub'jects the Governors of the said Hospital were infeft conform to Instrument of Resignation and Sasine in their Favour, dated the Twenty-sixth Day of April One thousand seven hundred and seven, and recorded in the Burgh Register of Sasines of Edinburgh the same Day, and also conform to another Instru'ment of Resignation and Sasine in their Favour, dated Tenth September One thousand seven hundred and six, and recorded in the said Burgh Register of Sasines the same Day; and the said Governors of the said Hospital did also thereby sell, • alienate, and dispone to the said Commissioners all Privileges, 'Servitudes, Pertinents, and others held or connected therewith, and, without Prejudice to such general Conveyance, the Privilege and Servitude therein particularly described: And whereas the Subjects disponed by the said Disposition were acquired for the Purposes of the said National Museum: And whereas it is 'expedient that the said recited Agreements between the said ⚫ Commissioners of Her Majesty's Works and Public Buildings on the one Part, and the said Trustees for the Administration of the Affairs of the said Chapel, and the said Lord Provost, Magistrates, and Council of the City of Edinburgh respectively, on the other Part, should be ratified and carried into effect in ❝ manner herein-after provided, and that the said Disposition by the Governors of the said Trades Maiden Hospital in favour of the said Commissioners of Her Majesty's Works and Public Buildings should also be ratified in manner herein-after mentioned: And whereas it is expedient that the Buildings forming The Register the General Register House in Edinburgh, and Ground whereon House, Edinthe same are built, and all other Property of whatever kind held vested in the burgh, to be

6

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⚫ or connected therewith, should be transferred to and vested in Commissioners X 2 the of Works.

Edinburgh Lands.

the said Commissioners: And whereas Inconveniences and Diffi'culties have arisen in the Acquisition by the said Commissioners for the Public Service of Property situated at or near the Palace ' of Holyrood or Precincts thereof, held by Parties who were, by the Titles thereof or otherwise, legally incapacitated from selling or disposing of the same and granting valid Conveyances thereof, and it is expedient that these Inconveniences and Difficulties should be removed:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Recited Deeds I. The said herein-before recited Deed of Agreement, bearing of Agreements Date the Nineteenth, Twentieth, and Twenty-second Days of confirmed. March and Seventh and Twentieth Days of April, all 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 of Her Majesty's Works and Public Buildings on the one Part, and the said Robert Gray, Adam Black, John Baird, Hugh Paton, George Johnston, William Auld, and John Peterson, the surviving and acting Trustees vested in the Property and Buildings known as the College Street or Argyle Square Chapel, Edinburgh, therein and herein-before described, for the Execution of the Trusts connected therewith created by the said deceased John Aikman, Minister of the Gospel in Edinburgh, by his said Trust Disposition and Settlement bearing Date the Twentyfourth Day of March One thousand eight hundred and twelve, and recorded in the Books of Council and Session the Fourteenth Day of February One thousand eight hundred and thirty-four, on the other Part; as also the said Deed of Agreement bearing Date the Thirteenth Day of March and the 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, between the said Commissioners of Her Majesty's Works and Public Buildings on the one Part, and the said Lord Provost, Magistrates, and Council of the City of Edinburgh, in their several Characters foresaid, on the other Part, and the Disposition and Obligation therein contained; as also the said Disposition dated the Thirteenth, Fourteenth, Sixteenth, and Seventeenth Days of April One thousand eight hundred and fifty-five, by the said Governors of the Trades Maiden Hospital, Edinburgh, in favour of the said Commissioners of Her Majesty's Works and Public Buildings, shall be and the same are hereby ratified and confirmed, and made valid and effectual, to all Intents and Purposes whatsoever.

Property near the College to be conveyed to

the Commissioners of Works.

II. It shall be lawful to and in the Power of the said Robert Gray, Adam Black, John Baird, Hugh Faton, George Johnston, William Auld, and John Peterson, as Trustees foresaid, and their Successors in Office, or so many of them as are declared to be a

Quorum

Edinburgh Lands.

Quorum by the Deed constituting the said Trust, and the Survivors or Survivor of them, and all other Parties who are, can, shall, or may be interested, to sell and dispose of the said Property and Buildings known as the College Street or Argyle Square Chapel, Edinburgh, described in the said Deed of Agreement, to the said Commissioners of Her Majesty's Works and Public Buildings, and to grant, make, and execute, in favour of the said Commissioners or other Disponees that may be considered necessary, a Conveyance and Disposition of the said Property and Buildings, and all Rights, Servitudes, Privileges, and Pertinents held or connected therewith, as the same are described in the said Deed of Agreement, or in the Title Deeds thereof, or by any other or additional Description that may be considered necessary or proper for the due Identification of the said Subjects, which Conveyance and Disposition so to be granted as aforesaid shall contain all usual and necessary Clauses for fully vesting the said Subjects in the said Commissioners, and the same shall be good, valid, and effectual to all Intents and Purposes whatsoever.

III. The said Commissioners of Her Majesty's Works and Public Buildings shall, on the Execution and Delivery to them of the aforesaid Conveyance and Disposition, pay or cause to be paid the Sum of Two thousand Pounds Sterling, together with the Interest that may have accrued thereon from the Time the said Commissioners may have obtained Entry to the said Subjects prior to the Delivery of such Conveyance and Disposition into the Royal Bank of Scotland, to an Account to be raised in the Books of said Bank in the Names of the Right Honourable John Melville, present Lord Provost of the City of Edinburgh, Maurice Lothian Esquire, Procurator Fiscal for the County of Midlothian, and John Gibson junior, Esquire, Writer to the Signet, or the Survivors or Survivor of them, or the Heirs Male of such Survivor, as Trustees or Trustee, for reinvesting the said Monies and carrying into effect the other Purposes herein-after mentioned.

The Price to be paid by the said

Commissioners to an Account at the Royal Bank of Scot

land.

IV. The Receipt of the Treasurer or other proper Officer of the Receipt of said Bank shall be a good and sufficient Discharge for the said Sum Treasurer to of Two thousand Pounds, and Interest thereon, and the said Com- be a good Dis charge. missioners shall not be in any way liable for or concerned with the Application, Misapplication, or Nonapplication of the Monies so to be paid by them as aforesaid, or any Part thereof.

ment of Price

V. Immediately from and after the Execution and Delivery of Upon Executhe said Conveyance and Disposition, and on such Payment being tion of Conveymade into the said Royal Bank of Scotland as aforesaid, the said ance and PaySubjects to be therein comprised shall be and the same are by the Property to force and virtue of this Act absolutely freed and disburdened of be disburdened the Trusts, Conditions, and Purposes, and all other Burdens affect- of the Trusts, ing the same, created or imposed by the Trust Disposition and &c. affecting Settlement aforesaid of the said deceased John Aikman, or any subsequent Deed or Deeds made and executed by him, or by any Deeds executed by the Trustees acting under the said Trust Disposition and Settlement, or other Deeds executed by the said deceased John Aikman; all which, so far as they affect or can be made to affect the said Subjects, or the Grantors of the said Con

the same.

The Price to be

the Direction of the Court of Session, in the Purchase of

other Property, to be conveyed

on the same Trusts.

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veyance and Disposition in relation thereto, are hereby discharged and declared to be at an end as if the same had never existed, and such Conveyance and Disposition shall not be liable to Objection nor its Validity be in any way impaired or affected by reason of any Defect whatever in the Titles of the Grantors of such Conveyance and Disposition, or their Predecessors and Authors.

VI. And the said John Melville, Maurice Lothian, and John invested, under Gibson junior, as Trustees aforesaid, and their foresaids, may and shall, with all convenient Speed, and with the Approbation of the Court of Session in either Division thereof, and under the Direction thereof, and by and with the Consent of the Trustees or Trustee acting for the Time under the said Trust Disposition. and Settlement of the said deceased John Aikman, after Payment of all Expenses incurred in the Execution of the Trust hereby created, which they are hereby authorized to satisfy and pay in the first place, lay out, invest, and apply the said Sum of Two thousand Pounds so to be paid into the said Royal Bank of Scotland as aforesaid into the Account herein provided to be raised in the Books of the said Bank in the Names of the said John Melville, Maurice Lothian, and John Gibson junior, as Trustees foresaid, and also any Balance of Interest and Accumulations thereof that may remain after satisfying the Purposes herein-after provided for, in the Purchase of a Site for a suitable Chapel or Place of Worship, and the Balance thereof, if any, shall remain for and towards the Erection of such Chapel, or otherwise in the Purchase and Acquisition of any Building or Buildings, and converting the same into a suitable Chapel or Place of Worship, in lieu and place of the aforesaid Chapel and Ground on which the same is built, to be disponed to the said Commissioners of Her Majesty's Works and Public Buildings under the Authority of this Act; and the Ground or Buildings] so to be purchased and acquired or erected as aforesaid by the Trustees herein-before appointed for the Purposes aforesaid shall be conveyed and disponed by the Parties from whom the same shall be so purchased and acquired, or by the same purchasing Trustees or Trustee, and by the Directions of the Court of Session in either Division thereof, to the Trustees acting for the Time under the said Trust Disposition and Settlement of the said deceased John Aikman, and under and subject to the same Trusts, Conditions, Ends, Uses, and Purposes as are specified in the said Trust Disposition and Settlement of the said deceased John Aikman, in the same Manner and to the like Effect as if the Ground and Buildings so to be acquired and purchased or erected as aforesaid had been the Subjects originally comprised within the said Trust Disposition and Settlement.

Interest accru

time to be ap

VII. Until the Investment herein-before directed shall be made, ing on the Capi- the Interest accruing on the said Capital Sum of Two thousand tal in the mean- Pounds by reason of its Deposit in such Bank as aforesaid shall be plied in provid. paid to the Trustees or Trustee acting for the Time under the said ing a temporary Trust Disposition and Settlement, to enable them to provide a Place of Wor- temporary Place of Worship for the Congregation on whose ship. Behalf the said Trust was created, and on such other Purposes of the Trust as Circumstances may render necessary or expedient: Provided

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Provided always, that the Expenses incurred in the Execution of the Trust herein-before created shall form a preferable Charge upon and shall be satisfied and paid in the first place out of the said Interest, and shall not be defrayed, so long as the Interest is sufficient for that Purpose, out of the said Capital Sum of Two thousand Pounds.

Trustees on

VIII. After having carried the Purposes of this Act into effect, so far as the same are committed to the said Trustees herein- passing their Accounts to be before appointed, it shall be lawful to such Trustees and their discharged by foresaids, if he or they shall think it necessary for his or their own Court of SesRelief, to apply to the said Court of Session in either Division sion. thereof for a Discharge or Exoneration of their Proceedings, upon a Petition to be presented to the said Court in either Division thereof in a summary Way, and the said Court in either Division thereof is hereby required to order Production of the Accounts of the said Trustees, and after Consideration thereof, and if the same shall be found to be correct, to exonerate and discharge the said Trustees of his or their Intromissions, and to declare him and them quit and discharged thereof for ever.

ment of new

Trustees.

IX. If the said John Melville, Maurice Lothian, and John Gibson Provision for junior, or any of them, shall die, or be desirous to be discharged the Appointfrom or shall become incapable to act in the Trusts, Powers, and Authorities hereby in them vested, at any Time before the said Trusts, Powers, and Authorities shall have been duly performed and executed, then and in any of these Cases, when and so often as the same shall happen, it shall and may be lawful for the said Court of Session in either Division thereof, upon the Application either of the surviving Trustee or of the Trustees acting for the Time under the said Trust Disposition and Settlement of the said deceased John Aikman, or Quorum, or Survivor of them, to appoint any other fit Person or Persons to be a Trustee or Trustees for the Purposes aforesaid in the Place and Stead of such Trustee and Trustees as shall die, or be desirous to be discharged from or shall become incapable to act in the Execution of the Trusts, Powers, and Authorities by this Act given, and so from Time to Time as often as there shall be Occasion; and so often as any new Trustee or Trustees shall be appointed as aforesaid the Sums of Money paid to the Account of and vested in the said Trustees as aforesaid, and hereby vested in the said John Melville, Maurice Lothian, and John Gibson junior, shall thereupon become legally and effectually vested in such new Trustee or Trustees, and the Survivor and Survivors of them, and the Heirs of such Survivor, upon the Trusts, and to and for the same Uses, Intents, and l'urposes, and with, under, and subject to all the Powers and Authorities by this Act given and declared.

X. The major Part of the Trustees acting in the Business and Affairs of the said Trust for the Time, while more than Two survive or continue, shall be a legal and sufficient Quorum for carrying all the Purposes of this Act into execution, and any One of them who only shall survive or continue shall at all Times have full Power to act by himself alone.

Majority to be a Quorum.