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When less than

201.

invested, under the like Direction and Approbation of the said Court, in the Purchase of other Lands, Tenements or Heritages, which shall be conveyed and settled to, for and upon such and the like Uses, Trusts, Intents and Purposes, and in the same manner as the Lands, Tenements or Heritages, which shall be so purchased, taken or used as aforesaid, stood settled or limited, or such of them as at the time of making such Conveyance and Settlement shall be existing, undetermined and capable of taking effect; and in the meantime, and until such Purchase shall be made, the Interest or annual Produce of such Money shall from time to time be paid, by order of the said Court, to or for behoof of the Person or Persons who would for the time have been entitled to the Rents and Profits of the Land, Tenements and Heritages so hereby directed to be purchased in case such Purchase or Settlement were made.

XXXIII. Provided always, and be it further enacted, That if 2001. and above any Money so agreed to be paid for any Lands, Tenements or Heritages purchased, taken or used for the Purposes aforesaid, and belonging to any Incorporation, or to any Persons under any Disability or Incapacity as aforesaid, shall be less than the Sum of Two hundred Pounds and shall exceed the Sum of Twenty Pounds, then and in all such cases the same shall, at the Option of the Person or Persons for the time being entitled to the Rents and Profits of the Lands, Tenements and Heritages so purchased, taken or used, or of his, her or their Tutors or Curators in Case of Infancy or Lunacy, to be signified in Writing under their respective Hands, under the like Direction and Authority, to be paid into any of the said Banks, and be placed to his, her or their Accounts as aforesaid, in order to be applied in manner hereinbefore directed, or otherwise the same shall be paid at the like Option to Two Trustees to be nominated by the Person or Persons making such Option, and approved of by Five or more of the said Committee of Management, (such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties) in order that such principal Money, and the Interest arising thereon, may be applied in any manner hereinbefore directed, so far as the case may be applicable.

When less than 201.

Where Question arises touching Right to Purchase Money paid in, Persons in

Possession at

XXXIV. Provided also, and be it further enacted, That where such Money so agreed or awarded to be paid, as last before mentioned, shall be less than Twenty Pounds, then and in all such cases, the same shall be applied to the Use of the Person or Persons who would for the time being have been entitled to the Rents and Profits of the Lands, Tenements or Heritages so purchased, taken or used for the Purposes of this Act, in such manner as the said Committee, or any Five or more of them, shall think fit; or, in case of Infancy or Lunacy, then to his, her or their Tutors or Curators, to and for the Use and Benefit of such Person or Persons so entitled respectively.

XXXV. Provided always, and be it further enacted, That where any Question shall arise touching the Title of any Person to any Money to be paid into the Bank of Scotland, Royal Bank of Scotland, or Bank of the British Linen Company of Scotland, under the Direction and by Authority of the Court of Session in pursuance of this Act, for the Purchase of any Lands, Tenements or Heritages,

10

titled.

Heritages, or any Estate, Right or Interest, in any Lands, Tene- Time of Purments or Heritages to be purchased with any such Money, or to chase deemed the Rents or Profits thereof, the Person or Persons who shall have lawfully enbeen in Possession of such Lands, Tenements or Heritages at the Time of such Purchase, and all Persons claiming under such Person or Persons shall be deemed and taken to have been lawfully entitled to such Lands, Tenements and Heritages according to such Possession, until the contrary shall be shown to the satisfaction of the said Court, and the Rents and Profits of the Lands, Tenements and Heritages to be purchased with such Money, and also the Lands, Tenements and Heritages so purchased shall be paid, applied and disposed of accordingly, unless it shall be made to appear to the said Court that such Possession was a wrongful Possession, and that some other Person or Persons was or were lawfully entitled to such Lands, Tenements or Heritages, or to some Estate or Interest therein.

Money in

Cases of Incapacity.

XXXVI. Provided also, and be it further enacted, That where Court may by Reason of any Disability and Incapacity of the Person or order ApplicaPersons, or Corporation entitled to any Lands, Tenements or He- tion of Purchase ritages, to be purchased under the Authority of this Act, the Purchase Money for the same shall be required to be paid into the said Court, and to be applied to the Purchase of other Lands, Tenements or Heritages to be settled to the like Uses in pursuance of this Act, it shall be lawful for the said Court to order the Prices and other Expences of all Purchases to be made from time to time in pursuance of this Act, or so much of such Prices or other Expences as the Court shall deem reasonable to be paid by the said Association of Contributors, who shall from time to time pay such Sums of Money for such Purchases as the said Court shall direct; and provided also, that in all cases where it shall be necessary to make Application to the said Court in regard to any Monies so paid into the said Court, the Expence of such Application shall be paid by the said Association."

XXXVII. And be it enacted, That the said Association, or their National MoCommittee of Management, shall and may build and erect, or nument to be cause to be built and erected, upon the Grounds and Premises erected. to be acquired by them as before mentioned, a Building or Erection, Buildings or Erections, of ornamental Architecture appropriate to the Purposes of a National Monument as aforesaid, in such manner, and upon such Plan or Plans as they shall see fit.

XXXVIII. Provided always, and be it enacted, That Part of To comprehend. the said Building or Erection, Buildings or Erections, shall be ap- a Place of Worpropriated as a Church, or Place for Divine Worship, to be main- ship. tained in all Time coming by the said Association.

XXXIX. And be it enacted, That the whole Charges and Ex- Association to pences of preparing Plans, and of making the said Building or defray the Erection, Buildings or Erections, and the said Church or Place Charges thereof. for Divine Worship connected therewith, and of all the Furniture, Ornaments and finishing of the same, and of afterwards maintaining and upholding the same, shall be defrayed from the Funds of the said Association.

XL. And be it further enacted, That a Majority of the Mem- Bye Laws may bers of the said Association who shall be present at their said an- be made by Manual Meeting, to be held as aforesaid, shall have Power, and they jority of Mem

Pp 3

are

bers.

Places for Sepulture.

Patronage

vested in His Majesty.

Notices, &c. on the Association how to be served.

Application of Money to be raised.

Public Act.

Notice to be given of the Drawing.

are hereby authorized and empowered from time to time to make such Rules, Regulations and Bye Laws as they shall judge expedient for the Regulation of the Affairs of the said Association, and to fix and ascertain the Nature and Extent of the Rights and Privileges of the Members thereof in regard to the said Monument: Provided always, that the Rules, Regulations and Bye Laws, Rights and Privileges, so to be made and ascertained, shall not be contrary to the Law of Scotland, or repugnant to any of the Provisions in this Act contained.

XLI. And be it enacted, That it shall be lawful to the said Association, or their Committee of Management, to make and construct Places of Sepulture beneath or connected with the said Church or Place of Worship; and to let or sell the same for the best Rents or Prices that can be had for the same; and such Rents or Prices shall be applied by the said Association to the Purposes of this Undertaking.

XLII. And be it enacted, That the Advocation, Donation and Right of Patronage of any Church or Place of Public Worship, to be erected and maintained as aforesaid, shall be and the same are hereby vested in His Majesty and His Royal Successors.

XLIII. And be it further enacted, That in all cases wherein it may be requisite or necessary for any Person or Persons, or Party or Parties to serve any Notice or Notices, or any legal Proceedings upon the said Association, the Service thereof upon the Secretary of the said Association, or left at the Office of such Secretary, or at his last or usual Place of Abode, or in case the same cannot be found or known, then Service upon any other Agent or Officer employed by the said Association, or on any Member of the said Association, or left at his last or usual Place of Abode, shall be deemed good and sufficient Service of the same respectively on the said Association.

XLIV. And be it further enacted, That all the Money to be raised by the said Company by virtue of this Act, is hereby directed and appointed to be laid out and applied, in the first Place, for and towards the Payment, Discharge and Satisfaction of all Costs, Charges and Expences in applying for, obtaining and passing this Act, and all the necessary Expences preparatory and relating thereto; and all the Residue and Remainder of the said Money for and towards making, completing and maintaining the aforesaid Buildings, Erections and other Works, and for other the Purposes of this Act, and to no other Use, Intent or Purpose whatsoever.

XLV. And be it enacted, that this Act shall be deemed and taken to be a Public Act, and shall be judicially taken Notice of as such, by all Judges, Justices and others, without being specially pleaded.

САР. СІ.

An Act for granting to His Majesty a Sum of Money to be
raised by Lotteries.
[31st July 1822.]
[This Act is the same as 1 & 2 G. 4. c. 120. except as to Dates and
Sums, and the Sections that are here retained.]

X. AND be it further enacted, That on or before the respective
Days that shall be appointed for the Drawing of each of the said

Lotteries

Lotteries respectively, the said Managers and Directors shall cause the said several Boxes, with all the Tickets therein for the said Lotteries, to be brought into some convenient Hall or Place within the City of London or Westminster, whereof and of the Number of Tickets intended to be drawn, due Notice shall be published in the London Gazette Seven Days at least before the Day appointed for the Commencement of such Drawing, so that the same may be there, and placed on a Stage or Table provided for that Purpose, and the Number of Tickets intended to be drawn, ascertained and published as nearly as possible, at such Hour of the Day as the said Managers and Directors shall fix and appoint; and shall Method to be then and there attend the Service, and cause the Two Boxes con- observed in taining the said Tickets to be taken out of the other Two Boxes Drawing, &c. in which they shall have been locked up; and the Tickets in the respective innermost Boxes being in the Presence of the said Managers and Directors, or such of them as shall be then present, and of such Adventurers as may be there, for the Satisfaction of themselves, well shaken and mingled in each Box distinctly, some one indifferent and fit Person, to be appointed and directed by the said Managers and Directors, or the major Part of them, or such of them as shall be then present, shall take out and draw one Ticket from the Box where the said numbered Tickets shall be put as aforesaid; and one other indifferent and fit Person, to be appointed and directed in like manner, shall take out a Ticket from the Box where the Fortunate and Blank Tickets shall be promiscuously put as aforesaid; and immediately both the Tickets. so drawn shall be opened, and the Numbers as well of the Fortunate as of the Blank Ticket shall be named aloud; and if the Ticket taken or drawn from the Box containing the Fortunate and Blank Ticket shall appear to be a Blank, then the numbered Ticket so drawn, with the said Blank at the same time drawn, shall both be put upon one File; and if the Ticket so drawn or taken from the Box containing the Fortunate and Blank Tickets shall appear to be one of the Fortunate Tickets, then the Principal Sum written upon such Fortunate Ticket shall be entered by a Clerk, which the said Managers and Directors, or the major Part of them as aforesaid, shall employ and oversee for this Purpose, into a Book to be kept for entering the Numbers coming up with the said Fortunate Tickets, and the principal Sums whereunto they shall be entitled respectively, and Two of the said Managers and Directors shall set their Names as Witnesses at such Entries; and the said Fortunate and numbered Tickets so drawn together shall be put upon another File; and so the said Drawing of the said Tickets shall continue, by taking One Ticket at a time out of each Box, and with opening, naming aloud, and filing the same, and by entering the Fortunate Lots in the manner aforesaid, until the whole Number of Fortunate Tickets shall be completely drawn: And provided that the said Commissioners of the Treasury, or any Three or more of them, shall have thought proper and expedient that any such Lottery shall continue drawing more than One Day, the said Managers and Directors shall cause the Boxes to be locked up and sealed in manner aforesaid, and adjourned till the next Day of Drawing of the said Lottery, and so for each Day of Drawing of the Lottery; and the said Managers and Directors Pp 4

shall

Secretary being a Barrister empowered to act as an Attorney for punishing Offences, &c.

No Tickets to

as are autho

rized, nor

Shares or

Chances other than Halves,

Quarters,
Eighths, and
Sixteenths, on

Penalty of 501.

shall and may regulate the Time of continuing to draw the Tickets, and lessen or increase the Number of the Tickets to be so drawn on each Day of Drawing, as they or the major Part of them shall in their Discretion think necessary, and shall proceed therein for such Number of Days as shall have been appointed by the said Commissioners of the Treasury, or any Three or more of them for that Purpose, till the whole Number of Fortunate Tickets shall be completely drawn as aforesaid; and afterwards the said numbered Tickets so drawn, with the Fortunate Tickets drawn against the same, shall be and remain in the Custody of the said Managers and Directors, until they shall examine, adjust and settle the Property thereof.

XXXVIII. And be it further enacted, That any Person for the time being holding the Office of Secretary to the Managers and Directors of the Lottery appointed under and by virtue of this Act, being a Barrister at Law, shall, for the Purposes only of executing all or any of the Provisions and carrying on all or any Prosecutions for any Offence, or for Punishment of any Offenders, or for the Recovery of any Penalty or Penalties under any of the Provisions of this Act, may and is hereby fully authorized and empowered to act as an Attorney and Solicitor, without being subject to any Pains or Penalties, or being subject to or deemed or construed to be subject to any of the Regulations respecting Attornies and Solicitors contained in any Act of Parliament or in any Order or Orders made by any Court of Record in Great Britain or otherwise.

XXXIX. And be it further enacted, That if any Person or be sold but such Persons shall sell any Ticket or Tickets, Chance or Chances, Share or Shares of any Ticket or Tickets, Chance or Chances, in any Lottery or Lotteries authorized by any Foreign Potentate or State, or to be drawn in any Foreign Country, or in any Lottery or Lotteries, except such as are or shall be authorized by this or some other Act of Parliament to be sold, or shall publish any Proposal or Scheme for the Sale of any Ticket or Tickets, Chance or Chances, Share or Shares of any Ticket or Tickets, Chance or Chances, except such Lottery or Lotteries as shall be authorized as aforesaid, or shall sell any Share or Shares of any Ticket or Tickets, Chance or Chances in any Lottery to be drawn in pursuance of this Act, in any other Proportion or Proportions than One Half, Quarter, Eighth or Sixteenth Part or Share only; or shall publish any Proposal or Scheme for selling any Share or Shares, or enter into any Agreement or Agreements for any Share or Shares of any Ticket or Tickets, Chance or Chances in the said respective Lotteries, in any other Proportion than One Half, Quarter, Eighth or Sixteenth Part or Share; such Person or Persons shall for every such Offence forfeit and pay the Sum of Fifty Pounds, and shall also be deemed a Rogue and Vagabond or Rogues and Vagabonds, and shall be punished as such in the manner hereinafter directed; Provided always, that the Punishment of being deemed a Rogue and Vagabond, and punished as such, shall not be held to extend to those Proprietors, Printers or Publishers of Newspapers, who, upon the hearing of any Case before any Magistrates where a Breach of the Regulations above mentioned, as to publishing Proposals for the Sale of Tickets

Publishing unlawful Schemes, penalty and punishment.

Proviso as to
Publishers of
Newspapers.

and

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