Inspection of Account al. lowed to Burgesses. Complaint may be made to Barons of Ex chequer. Proviso as to stating Objection to Account. Where Magis. trates are Trustees for any Charity, an Account of the Funds thereof shall also be stated annually for Inspection. Neglect. Penalty, 501. Regulations as to Feus or Alienations. Notice in III. And be it enacted, That every such annual Account shall be deposited in the Office of the Town Clerk of the Burgh to which it appertains, within Three Months after the annual Election of the Magistrates thereof; and such Account shall remain there for Thirty Days after the Expiration of the said Three Months, open to the Inspection of the Burgesses, who may state Objections thereto in Writing, either during that Time or within Two Months after the Expiration of the said Thirty Days, and be entitled to call, in Writing, for the Production of any particular Vouchers; and if upon such Objections being made, the Party or Parties making the same shall not be satisfied with the Explanations which may or shall be thereupon given, it shall and may be lawful for any Three or more Burgesses of such Burgh, within Three Calendar Months after the Expiration of the said Thirty Days, to make Complaint in Writing to the Barons of the Court of Exchequer in Scotland, who shall proceed to determine the same in a summary manner, and to make and establish such Rules and Regulations as to the said Barons shall seem meet, for hearing and determining all Matters that may come before them upon such Complaints: Provided always, that no Objection shall be stated in any such Complaint, that had not been previously, during the Time above mentioned, stated in Writing, to the Accounts, unless upon sufficient Cause shown, to the Satisfaction of the said Barons, why such Objection was not then stated. IV. And be it enacted, That where the Magistrates and Members of the Town Council of any Burgh, or any Number of them, are the sole Trustees for any Charity, Foundation or Mortification, then and in every such case, an Account shall be annually stated and certified in the manner herein before directed, distinct from the Account relative to the Common Good and Revenues of such Burgh; and such Account relative to such Charity, Foundation or Mortification, shall be deposited in the Town Clerk's Office as aforesaid, at the same Time that the annual Account relative to the Common Good of the Burgh shall be deposited there, and shall be open to the Inspection of the Burgesses; and if such annual Account relative to such Charity, Foundation or Mortification, shall not be so stated and deposited, then the Magistrates and Members of the Town Council of such Burgh, or such Number of them as shall be Trustees for such Charity, Foundation or Mortification, shall severally be subject to a Penalty of Fifty Pounds each, to be recovered and applied as the said Penalty upon any Provost, Magistrates and Members of the Town Council of any Burgh, neglecting to state and deposit an annual Account, the Common Good thereof in the manner herein directed may be recovered and applied. V. And be it enacted, That the Magistrates and Council of every Royal Burgh shall hereafter cause all Feus, Alienations or Tacks for more than One Year, of any Heritable Property, being Part of the Common Good of such Burgh, or Tacks of the Common Good, to proceed by Public Roup or Auction, of which Public Notice shall be given by Advertisement, published once at least Twenty Days preceding the Day of Roup or Auction in some Newspaper printed in such Burgh, if any such Newspaper is there printed, and if no such Newspaper is there printed, then in some Newspaper Newspaper published in the County wherein such Burgh is situated, or if no such Newspaper is published in such County, then in a Newspaper published in the next adjoining County or Counties in Circulation in such Burgh, and also by written or printed Notices affixed and continued upon at least Three conspicuous And affixed in Places in the said Burgh, of which the Door of the principal public Places. Church shall be one, at least Twenty Days preceding the Day of such Roup or Auction. In Cases of Feus or Aliena tions, Act of Council to be previously made, and Exchequer Term VI. Provided always, and be it enacted, That no such Notice of Feus or Alienations shall be given, until an Act of the Town Council shall be made, specifying the Particulars thereof; and provided also, that such Notice of Sale as is herein directed in a Newspaper, shall be for the first Time given during an Exchequer Term, and at least Twelve Days before the End of such Term, in order that the Court of Exchequer may grant an Injunction, upon to intervene. Application made for that Purpose by any Three Burgesses, against the proceeding to make any such Feu or Alienation, if it shall appear proper to the said Court so to do; and which Injunction the said Court is hereby empowered to grant, or otherwise to do in the Matter of any such Application as to the said Court shall seem just. VII. And be it further enacted, That in future every Collector What Particuor other Person employed in the Collection or levying of Cess, lars Collector Stent or any local Tax or Imposition leviable within any Royal to specify Burgh in Scotland, shall separately and distinctly specify in every ceipt to be in every ReReceipt to be given for the same, for what Purpose, by what Au- given. thority, and at what Rate, or according to what Rule every such Sum or Imposition is demanded from the Burgesses and Inhabitants of such Burgh, under a Penalty not exceeding Ten Pounds Penalty. for each Offence; One Half to be paid to the Informer, and the other Half to go to the Common Good of the Burgh; to be recovered with Costs of Suit in the same Way and Manner as any Penalty against any Provost, Magistrates or Members of the Town Council may be recovered by this Act. Auction. VIII. And be it enacted, That if any Feus or Alienations, or Feus or AlienaLeases for more than One Year, of any Part of the Heritable Pro- tions made perty or Tacks of the Common Good of any such Burgh, shall be otherwise than made otherwise than by Public Roup or Auction, or without such by Public Notice as aforesaid, then the Provost, Magistrates and Members of the Council of such Burgh, making, authorizing or directing any such Feus, Alienations, Leases or Tacks, or being otherwise instrumental therein, shall severally forfeit a Sum not exceeding Penalty. Fifty Pounds each; to be recovered and applied as the said Penalty upon any Provost, Magistrates or Members of the Town Council of any Burgh, neglecting to state and deposit an annual Account of the Common Good thereof, in the manner herein directed, may be recovered and applied; and it is hereby declared, that all such Feus, Alienations, Leases or Tacks, made otherwise than by Public Roup as before directed, shall be altogether void and null, save and except in the Case hereinbefore provided. IX. And be it further enacted, That in all Cases in which a Provision as Complaint is allowed to be made to the Court of Exchequer under to Costs. this Act, it shall and may be lawful for the said Court to find and M m 2 adjudge Limitation of No Debt contracted, &c. adjudge either the Party or Parties complaining or complained of liable in Costs. X. And be it further enacted, That in the Event of no Complaint being made to any annual Account within the time herein limited, it shall not be competent thereafter to complain to such Court in regard to such Account. XI. And be it further enacted, That it shall not be lawful for the Magistrates or the Town Council of any Burgh, to contract any without previ Debt, grant any Obligation, make any Agreement or enter into ous Act of Council. Personal Liability. Penalties and Expences not paid from the Common Good. Recognizance to pay Costs. 53 G.3. c. 141. § 2. any Engagement, which shall have the Effect of binding them or their Successors in Office, unless an Act of Council shall have been previously made in that behalf; and any such Contract, Obligation, Agreement or Engagement, made or entered into without such Act of Council, shall be void and null as against the Common Good of the Burgh, or the succeeding Magistrates or Town Council thereof, without prejudice nevertheless to the personal Liability and Responsibility of the Persons by whom the same may have been made or entered into. XII. And be it further enacted, That any Penalties and Expences, in which any Magistrates or Members of the Town Council of any Royal Burgh may be personally subjected by virtue of this Act, or any Part thereof, shall on no account be paid from or taken out of the Common Good or Revenue of such Burgh: Provided always, that the Parties making any Complaint, or bringing any Information under this Act, shall within Eight Days after the same shall be made or brought as aforesaid, enter into a Recognizance to pay Costs of Suits in case the same shall be awarded. CA P. XCII. An Act to explain an Act of the Fifty third Year of the Reign WHEREAS by an Act of Parliament made and passed in the Fifty third Year of the Reign of His late Majesty 'King George the Third, intituled An Act to repeal an Act of the Seventeenth Year of the Reign of His present Majesty, intituled An Act for registering the Grants of Life Annuities, and for 'the better Protection of Infants against such Grants,' and to substitute other Provisions in lieu thereof, it is enacted, That within Thirty Days after the Execution of every Deed, Bond, Instrument or other Assurance, whereby any Annuity or Rent Charge shall, from and after the passing of the said Act, be granted for One or more Life or Lives, or for any Term of Years or greater Estate determinable on One or more Life or Lives, a Memorial of the Date of every such Deed, Bond, Instrument 'or other Assurance of the Names of all the Parties, and of all the Witnesses thereto, and of the Person or Persons for whose Life or Lives such Annuity or Rent Charge shall be granted, and of the Person or Persons by whom the same is to be beneficially received, shall be enrolled in the High Court of Chancery, in the Form or to the Effect following, with such Alterations therein as the Nature and Circumstances of any particular Case may reasonably require: And Whereas the Form or Effect to 6 6 which such Enactment refers is expressed in several Columns, at the Head of One of which are the Words, "Names of Witnesses," and underneath, as applicable to Indentures of Lease and Release, the Letters and Words " E. F. of" "G. H. of” and as applicable to a Bond and Warrant of Attorney to confess Judgment, the Letters "E. F." "G. H." without the Word "of:" And Whereas the Words of Enactment referring to such Form express only that a Memorial of the Names of all the Witnesses to every such Deed, Bond, Instrument or other Assurance as therein mentioned, should be enrolled as directed by the said Act, without providing that any Description of the Witnesses should be given in such Memorial, except as such Form is thereby referred to; and such Form does not provide that any Description should be added to such Names except by the Addition of the Word "of" to the Letters "E. F." and "G. H." as aforesaid, as applicable to Indentures of Lease and Release: And Whereas in consequence of such indistinct Enactment it may be doubtful, whether it was the Intention of the Legislature to * require any, or if any, what Description to be added to the Names ، of Witnesses in the Memorial of any Deed, Instrument or As ⚫surance to be enrolled as aforesaid: And Whereas a very great Number of Memorials of Grants of Annuities have, since the passing of the said Act, been enrolled, in which the Names of the Witnesses to the Deeds, Instruments or Assurances specified in such Memorials, have been inserted without the Addition of the Place of Abode of such Witnesses; and it has been inferred, from the Use of the Word "of" after such Letters "E. F." and after such Letters "G. H." as aforesaid, that it was necessary to describe each of such Witnesses in such Me⚫morial as of some Place, and in consequence thereof some Grants of Annuities made since the passing of the said Act have been, in Proceedings in summary Applications to Courts of Justice, which cannot be reviewed in any Superior Court, deemed null and void, on the Ground that no Description of the Place of Abode of the Witnesses to some or one of the Deeds, Instruments or Assurances by which such Grants of Annuities have been made, had been inserted in the Memorials or Memorial thereof enrolled as directed by the said Act: And Whereas Doubts have been entertained whether the Construction so put on the said Act is the true Construction thereof, more especially as the same is so far penal as it renders Deeds, Instruments ⚫ and Assurances, of which Memorials have not been enrolled in pursuance of the said Act, null and void, and the Provisions in the said Act are not so clear and explicit as the same ought 'to have been under such Circumstances, and the Parties claiming ⚫ under Grants of Annuities may have been thereby misled, and induced to conceive that it was not necessary under the Provisions of the said Act to insert in the Memorial of any Deed, • Instrument or Assurance to be enrolled as aforesaid, the Place or Places of Abode of the Witness or Witnesses to such Deed, Instrument or Assurance, or any more than the Name or Names of such Witness or Witnesses, there being no Words in the said Act expressly requiring any more to be so inserted, nor any Words from which it could be inferred that any more was re M m 3 'quired The Names of Annuity Deed, a Memorial of which has been enrolled, valid, notwithstanding Omission of enrolling any other Deed for securing such Annuity. Act not to give any additional Validity to any Deed. Act not to give Effect to any Deed declared void, or affect any Proceed. ings at Law commenced as herein mentioned. quired to be so inserted, except the Word "of" after the Letters "E. F." and "G. H." respectively, with reference to one Species of Assurance inserted in the Form of Memorial before ' mentioned; and it is expedient to remove all Doubts touching the Construction of the said Act, with respect to so much of the Memorials required by the said Act to be enrolled as relates to any Description of the Witness or Witnesses to any Deed, Instrument or Assurance: May it therefore please Your Majesty, that it may be enacted and declared; And be it enacted and declared by the King'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, That by the said Act of the Fifty third Year of the Reign of His said late Majesty, no further or other Description of the subscribing Witness or Witnesses to any Deed, Bond, Instrument or other Assurance, whereby any Annuity or Rent Charge is or may be granted, is required in the Memorial thereof, besides the Names of all such Witnesses; and so the said Act shall be deemed, construed and taken. II. And Whereas Doubts have also arisen, whether under the 'said Act of the Fifty third Year of the Reign of His said late Majesty, the Omission to enrol a Memorial of any one of the 'Assurances for securing any Annuity or Rent Charge does not vitiate the whole Transaction, notwithstanding the Enrolment of a Memorial of another Deed, Bond, Instrument or other Assurance granting the same; and it is also expedient to remove such Doubts;' Be it therefore further enacted and declared, That every Deed, Bond, Instrument or other Assurance granting any Annuity or Rent Charge, and of which a Memorial shall have been or shall be duly enrolled pursuant to the said Act, notwithstanding the Omission to enrol any other Deed, Bond, Instrument or Assurance for securing such Annuity or Rent Charge, shall be valid and effectual, according to the Intent, Meaning and true Effect thereof, notwithstanding a Memorial of any other Deed, Bond, Instrument or Assurance for securing the same Annuity shall not have been duly enrolled pursuant to the said Act. III. Provided always, and be it further enacted, That nothing herein contained shall extend to give any other Force or Validity to any Deed, Bond, Instrument or other Assurance of which a Memorial shall have been duly enrolled as aforesaid, than such Deed, Bond, Instrument or other Assurance would have had if any Deed, Bond, Instrument or other Assurance for securing the same Annuity, of which a Memorial shall not have been duly enrolled, had never been executed. VI. Provided always, and be it further enacted, That this Act shall not extend or be construed to extend to revive or give effect to any Deed, Bond, Instrument or other Assurance, whereby any Annuity or Rent Charge hath been already granted, so far as the same hath been adjudged, declared, treated or deemed void by any Judgment, Decree, Action, Suit or Proceeding at Law or in Equity, or by any Acts or Deeds of the Parties thereto, or by any other legal or equitable Means whatsoever; nor shall this Act affect or prejudice any Suit or Proceeding at Law or in Equity, commenced on or before the Thirty first Day of May One thou 20 sand |