Expedient

that the said Contract

should be confirmed.

5

15

nominated in case of such difference, and he, the said Oversman, having
accepted of the said submission so devolved upon him, and having
considered the several overtures, correspondence, rentals and offer for
a lease by the said James Scott, and whole other documents which it
was declared by the said Contract, Agreement and Deed of Submission
should form the basis upon which the said Arbiters or the said Overs-
man should proceed in fixing the sum to be paid by the said Com-
missioners to the said Earl, together with the claim and answers,
opinion of counsel, and whole other writings and documents produced,
and having examined the grounds and heard counsel for the parties 10
in presence of their agents respectively, and being well and ripely
advised in the whole matter, and having God and a good conscience
before his eyes, the said Oversman did pronounce and give forth his
final sentence and decree arbitral, as follows; videlicet, he did thereby
fix and ascertain the sum to be paid by the said Commissioners on
behalf of Her Majesty to the foresaid Thomas Earl of Haddington,
for the said office of Hereditary Keeper of the Park of Holyrood
House, and the whole profits, claim of property, and other rights
thereunto annexed or appertaining, whether derived directly from
Charters from the Crown in favour of the said Earl, his authors or
predecessors, or from usage or possession following on such Charters,
or otherwise howsoever, and all other the estate, right, title and
interest of the said Earl connected therewith, and in consideration of
the conveyance, disposition or surrender of the said office, interests,
rights and properties, at the sum of Thirty thousand Six hundred and 25
Seventy-four Pounds One Shilling and Eight-pence sterling; and he
thereby fixed and ascertained the term of entry from which the said
office, interests, rights and properties should be vested in Her Majesty,
Her heirs and successors, to be the first term of Candlemas that should
happen subsequent to the passing of the Act of Parliament for rati-
fying and confirming the sale and surrender of the said office, rights
and properties which it was agreed should be applied for in terms of
the said Contract, Agreement and Submission, reserving thereby entire
to the parties respectively, in terms of the said Deed of Submission, all
claim competent to Her Majesty, Her heirs or successors, or to the 35
said Earl, or to the said Commissioners on behalf of Her Majesty,
against the Edinburgh and Dalkeith Railway Company, which should
subsist in full force and effect, notwithstanding the said submission
and decreet arbitral :

20

30

And whereas it is expedient that the said recited Contract or Agree- 40 ment, and the said Award following thereon, should be carried into effect in manner hereinafter mentioned;

May

May it therefore please Your MAJESTY,

1.

and Award

following

thereon.

That it may be Enacted; And be it 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 5 present Parliament assembled, and by the Authority of the same, THAT the said hereinbefore-recited Contract or Agreement, bear- The Contract ing date the said Eighth Day of April One thousand eight hun- or Agreement, dred and Forty-three, made between the said Right honourable Henry Pelham Clinton (commonly called the Earl of Lincoln), Alex10 ander Milne and Charles Alexander Gore, the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings, for and on behalf of Her Majesty, on the one part, and the said Thomas Earl of Haddington on the other part, and the said hereinbefore-recited Award of the said Richard Trotter following thereupon, dated the said 15 Twenty-ninth day of June One thousand eight hundred and Fortythree, shall be and the same are hereby ratified and confirmed and made valid and effectual to all intents and purposes whatsoever, and the same shall be carried into effect in manner hereinafter mentioned.

And be it Enacted, That the said Thomas Earl of Haddington 20 shall not, by reason of his having entered into the said Contract or Agreement, or of his having given his consent and approbation to the present Act, be deemed or taken to have incurred any irritancy or forfeiture under any entail by which he holds the foresaid office of Hereditary Keeper of the Park of Holyrood House, or others of his

25

30

estates.

And be it Enacted, That the Commissioners for the time being of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings, for and on behalf of Her Majesty, do and shall pay or cause to be paid out of the produce of the Land Revenues of the Crown under their care and management, on or before the term of Candlemas, One thousand eight hundred and Forty-four, the said sum of Thirty thousand Six hundred and Seventy-four Pounds One Shilling and Eight-pence, into the Bank of Scotland, to an account to be raised in the books of the said Bank, in the names of George William Hope, of 35 Luffness, in the County of Haddington, Esquire, and Charles Baillie, of the City of Edinburgh, Advocate, or the survivor of them, or the heirs male of such survivor, as Trustees or Trustee for re-investing the said monies and carrying into effect the other purposes hereinafter mentioned.

40

4.

And be it Enacted, That the receipt of the Treasurer or other proper Receipt of the officer of the said Bank of Scotland, shall be a good and sufficient discharge to Her Majesty, Her heirs and successors, and to the said

Bank to be a sufficient dis

charge to the

Commis

Commissioners,

sioners.

5. The Park,&c. thereupon to be vested in Her Majesty, freed free from all the rights and

of entail.

Commissioners, for the said sum of Thirty thousand Six hundred and Seventy-four Pounds One Shilling and Eight-pence, so to be paid by them as aforesaid; and neither Her Majesty, Her heirs or successors, nor the said Commissioners, shall be in any way liable for or concerned with the application, misapplication or non-application of the money so to be paid by them as aforesaid, or any part thereof.

10

And be it Enacted, That immediately from and after such payment being made into the said Bank of Scotland as aforesaid, the said Park of Holyrood House and other premises comprised in the said Contract, and so agreed to be sold as aforesaid, shall become and the same are interests of the Earl of by force and virtue of this Act absolutely vested in Her Majesty, Her Haddington, and his Heirs heirs and successors, as part of the Hereditary Possessions and Land Revenues of Her Majesty, Her heirs and successors, in right of Her Crown, freed and discharged of and from the said office of Hereditary Keeper of the Park of Holyrood House and custody of the same, and 15 of all rents, profits, duties, meadows, fees, casualties, privileges and emoluments whatsoever pertaining and belonging to the same, and of and from the power of admitting and constituting, and also of outputting Under Keepers, one or more, in the said Park, and also all power of uplifting and receiving the yearly and termly rents and profits 20 and duties belonging to the same in time coming; and of and from all other rights, privileges, duties and emoluments whatsoever specified and contained or mentioned or referred to in the said Charter of King CHARLES the First, bearing date the Tenth day of August One thousand six hundred and Forty-six, and in the said Charter of King 25 WILLIAM and Queen MARY, bearing date the Twenty-third day of January One thousand six hundred and Ninety-one, or in any other Charter or Charters, Deed or Deeds, Instrument or Instruments, or from usage or possession following on such Charters, or either of them, or in any other way or on any other account whatsoever, and of and 30 from all other the estate, right, title and interest, claim of right, property and possession, both petitory and possessory, which he the said Thomas Earl of Haddington and his predecessors and authors or heirs and successors, had, have or anywise may or might or could have, claim or pretend to the said office of Hereditary Keeper of the said Park of 35 Holyrood House, and all property and rights annexed or appertaining thereto, or in any manner in relation to the same, and also freed and absolutely exonerated and for ever discharged of and from all and every the rights and right of property, and other rights, competent to the said Earl of Haddington and his heirs of entail, under the said Disposition and Deed of Entail granted by the said Sir John Anstruther and John Cockburne, or the investitures following thereupon, under the reservations, conditions, provisions, restrictions and limitations therein contained, or otherwise howsoever; but saving and reserving always entire in terms of the said Award to Her Majesty all claims competent

40

5

to

5

to Her, Her heirs or successors, or to the said Commissioners on Her behalf, and also to the said Earl of Haddington, against the Edinburgh and Dalkeith Railway Company, which shall subsist and remain in full force and effect as if this Act had not been passed.

And be it Enacted, That all laws, provisions and regulations now in force with respect to Her Majesty's Parks shall extend and apply to the Royal Park of Holyrood House: Provided nevertheless, That it shall be lawful for the Commissioners for the time being of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings, in 10 such manner as by law is directed with regard to the Hereditary Revenues of the Crown (not being Royal Parks) to demise or lease any part of the said Park, not exceeding in the whole One-tenth part of the present extent thereof, for the purpose of the same being used as sites for Dwelling-houses, Public or Ornamental Buildings, and the Offices and Gardens thereto to be annexed; and all the powers, provisions, regulations and directions with regard to leases to be granted by the said Commissioners of the Hereditary Revenues of the Crown, under their management, shall extend and apply to such part or parts of the said Park so authorized to be leased as aforesaid.

15

20

as

And be it Enacted, That the said George William Hope and Charles Baillie, as Trustees aforesaid, and their foresaids, may and shall, occasion may from time to time arise, with all convenient speed, and with the approbation of the Court of Session in either division thereof, and under their direction, and by and with the consent of the said 25 Thomas Earl of Haddington, or of the heir of entail for the time being in possession of the said entailed estates, or the Tutors or Curators, or other legal guardians of such heir, if under age, or any other legal disability or incapacity, after payment of all expenses incurred in the matter of the said trust, which they are hereby authorized to satisfy 30 and pay, in the first place, lay out, invest and apply the said sum of Thirty thousand six hundred and Seventy-four Pounds One Shilling and Eight-pence so to be paid into the said 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 Trustees as aforesaid, exclusive 35 of interest and all accumulations thereof, in the purchase of other lands, baronies or heritages, in fee simple and free from incumbrances, in the county of Haddington or Berwick, or as near thereto in Scotland as the same can conveniently be purchased or procured; and the lands, baronies and heritages so to be purchased as aforesaid, shall be 40 from time to time conveyed and disponed by the seller thereof, or by the same purchasing Trustees or Trustee, and by the directions of the Court of Session or either division thereof, to the same series of heirs of entail, and under the same conditions, provisoes, declarations, reservations, burdens, faculties, restrictions and clauses prohibitory, irritant and resolutive, as in and by the before-recited Disposition

427.

C

and

8.

Fill purchases

5

and Deed of Entail executed by the said Sir John Anstruther
and John Cockburne, with the consent of the said Thomas Earl
of Haddington and Charles Lord Binning, his son, bearing date
the Fourteenth, Sixteenth and Twenty-seventh days of August in
the
year
One thousand seven hundred and Twenty-five, registered in
the Books of Council and Session the Twenty-sixth day of May in the
year One thousand seven hundred and Forty-three, are detailed and
expressed of and concerning the lands and heritages therein contained,
or.such of them as shall be then existing undetermined and capable
of taking effect, and not otherwise, and the Disposition so to be 10
executed shall be so framed as to bind the Institute as well as every
other person succeeding as an heir of entail.

And be it Enacted, That till such purchases shall be made as aforemade the in- said, the interest accruing on the said capital sum by reason of its

terest to be

paid to the

Earl of Haddington, or the Heir of

Entail for the time being.

9. Surplus not exceeding Two hundred

Pounds, at

the credit of new account, to be paid to the person who would have been

deposit in such Bank as aforesaid, shall be paid to the said Thomas 15 Earl of Haddington, or to the heir of entail, or person who for the time being would have been entitled to the said office, and the rents, profits and emoluments thereof, if this Act had not been made.

And be it Enacted, That if any surplus, not exceeding Two hundred pounds, shall remain at the credit of the account authorized by the 20 provisions of this Act to be raised in the books of the said Bank in manner aforesaid, after satisfying and discharging the several purposes herein before mentioned, such surplus shall be paid to the person or persons who would have. been entitled to the office of Hereditary custody of the Keeper of the said Park of Holyrood House for the time being, if 25 the same had not been surrendered to and re-invested in Her Majesty, Her Heirs and successors, or to the representatives of such person or persons respectively.

entitled to the

Park.

10. Trustees to be discharged.

11.

Appointment

of new Trustees.

30

And be it Enacted, That after having carried the purposes of this Act into effect, so far as the same are committed to the said Trustees as shall be lawful to such Trustees and their foresaids, if he or they shall think it necessary for his or their own relief to apply to the said Court of Session in either division 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 35 in either division thereof is here by 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.

And be it Enacted, That if the said George William Hope and Charles Baillie, or either of them, shall die or be desirous to be discharged

40