son who shall be in posses. sion of the lands, &c. at the time of such pur chase, shall be deemed entitled thereto according to such possession. paid, the per- ments or heretages, or of any estate right or interest in any lands, tenements or heretages, to be purchased in pursuance thereof, or to any bank aunuities to be purchased with any such money, or to the dividends or interest of any such bank annuities, the person or persons who shall have been in possession of such lands tenements or heretages at the time of such purchase, and all persons claiming under such person or persons, or under the possession of such person or persons, shall be deemed and taken 3: to have been lawfully entitled to such lands tenements or heretages, according to such possession, until the contrary shall be shewn to the satisfaction of the said Court of Session; and the dividends or interest of the bank annuities to be purchased with such money, and also the capital of such bank annuities, or the capital yielding such interest remaining in the hands of any of the said banks, shall be paid and applied and disposed of accordingly, unless it shall be made 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 heretages, or to some estate or interest therein. The Court may order reasonable ex penses of pur chasers to be had by the .Commissioners. Commissioners em powered to resell lands. Provided also, and be it further Enacted, That where by reason of any disability or incapacity of the person or persons, or corporation, entitled 33 to any lands tenements or heretages to be purchased under the authority of this Act, and the purchase money for the same shall be required to be paid into the said banks or one of them, by the order of the said Court, and to be applied in the purchase of other lands tenements or heretages, to be settled to the like uses, in pursuance thereof respectively, it shall be lawful for the said Court to order the expenses of all such purchases from time to time to be made in pursuance of this Act, or so much of such expenses as the Court shall deem reasonable, together with the necessary costs and charges of obtaining such order, to be paid by the said Commissioners, who shall from time to time pay such sums of money, for such purposes as the said Court shall direct. AND whereas the said Commissioners may purchase Lands to be made use of for the purposes of this Act, and it may happen that no 34 Church shall be built thereon for the purposes of this Act, and it may in such case become necessary to re-sell the same; BE it therefore further Enacted, That it shall be lawful for the said Commissioners, by Deed under the hands of any or more of them, to grant and convey, by way of absolute sale, for a consideration in money, such lands tenements or heretages, or any such part or parts thereof as shall not be wanted for the purposes of this Act; and all such Conveyances from the said Commissioners shall be valid and effectual, any thing in this Act contained, or any other law statute or custom to the contrary thereof in anywise notwithstanding; and upon payment of the money which shall arise by sale or sales of such lands tenements and heretages, it shall and may be lawful 35 for the secretary for the time being to the said Commissioners to sign and give receipts for the money for which the same shall be sold, which receipts shall be sufficient discharges to any person or persons for the purchase money for which such lands or buildings shall be sold, or for SO so much thereof as in such receipts shall be acknowledged or expressed to be received; and such person or persons shall not afterwards be answerable or accountable for any loss misapplication or non-application of such purchase money, or any part thereof: Provided always, that the said Commissioners, before they shall sell and dispose of such lands tenements or heretages, shall first offer to resell the same to the person or persons from whom they shall have purchased the same, or would have been then entitled to in case the same had not been purchased by the 36 said Commissioners, the price at which the same shall be resold being adjusted and settled by a jury in like manner as the price for any land to be taken in pursuance of this Act, as herein before directed to be settled in case of difference or dispute as to the value thereof; and if such person or persons shall not agree, or shall refuse to repurchase the same, it shall and may be lawful to and for any person or persons, not interested in the premises, to make an affidavit, to be sworn before one of His Majesty's justices of the peace for the county where such lands shall be situate, stating, that such offer was made by or on behalf of the said Commissioners, and that such person or persons did not agree, or refused to purchase such lands or buildings, as the case may be; and such affidavit 37 shall in all Courts be sufficient evidence and proof that such offer was made, and not agreed to or refused. Provided always, and be it further Enacted, That nothing herein contained shall empower the said Commissioners to take any private dwelling house or offices or appurtenances thereto, without the consent of the owners or occupiers thereof. And be it further Enacted, That it shall be lawful for the said Commissioners to pay and advance the money necessary to purchase any scite or scites, in case, from the amount of the sum or the state of the parish or place, as to its population and other circumstances, it may appear to the Commissioners that it is impossible for any such parish or place to bear any part of such expense, or to pay and advance such sum as the said Commissioners shall think fit for such purchase, in addition to such 38 sum as may be raised or subscribed by any person or persons for such purpose; or to lend the whole or part of the money necessary for such purpose, upon the security of any assessment to be raised by virtue of this Act, to be repaid within as shall be agreed upon by and between the Commissioners and such person or persons. Not to take certain premises without leave of the owners, &c. Commissioners may advance money to parishes, to purchase scites. may assess the purposes of this Act. AND whereas many well disposed persons, in parishes or places re- Proprietors quiring additional accommodation for the purposes of Divine Service, themselves for may be willing to raise money for the purposes of this Act; BE it therefore Enacted, That it shall and may be lawful for any proprietors of any houses, in any city burgh or place, to assess themselves for such period and to such amount, in any year, as they shall think fit to be levied and paid, in such manner as they shall direct, for the purposes of this Act, out of or according to the amount of the actual rents of houses in such city 39 burgh or place, payable for the time; and it shall and may in like 331. D manner Money may be borrowed upon assessment. Commission Churches upon such plans as they shall think most convenient. manner be lawful for any proprietors of land, in any parish or place, to assess themselves for such period and to such amount, in any year as they shall think fit, to be levied and paid in such manner as they shall direct, for the purposes of this Act, out of or according to the actual rents thereof payable for the time. And be it further Enacted, That it shall and may be lawful for such proprietors to borrow from any person or persons willing to lend the same, as well as from the said Commissioners, upon the credit of the said assessment, any sum or sums of money which may enable them to contribute such sum as they may think fit or agree with the said Commissioners to contribute for the purposes of this Act. And be it further Enacted, That it shall be lawful for the said ers may build Commissioners, and they are hereby empowered, to build or cause to be 40 built Churches, under the provisions of this Act, upon such plans as they shall deem most expedient for the affording fit and proper accommodation for the largest number of persons at the least expense; and such part of every such Church, as the Commissioners with the consent of the Presbytery of the bounds shall direct, shall be assigned for free seats, to be used by the parishioners or inhabitants of the parish or place in which such Church shall be built or acquired, without any payment whatever; and the remainder of the seats shall be arranged in pews, to be assigned in landward parishes to the proprietors and occupiers of land, according to the custom of landward parishes in Scotland, and in parishes situated in or adjoining to cities or towns, to be disposed of under the provisions of this Act. Commission ers may settle amount of rents of pews; application of produce. Provision for stipend in towns. Provision for stipend in landward parishes. And be it further Enacted, That it shall be lawful for the said Commissioners to make such orders as they shall deem expedient, as to the amount of rent to be reserved for each pew or seat in any such Church, situated in or adjoining to any city or town; and the produce of such rents shall form a fund, out of which provision shall be made for the Minister to be ordained therein. " 41 And be it further Enacted, That it shall be lawful for the said Commissioners to assign, out of the said pew rents, a proper stipend to the Minister to any such Church, with consent of the Presbytery of the bounds, and the approbation of the Commissioners for plantation of kirks and valuation of teinds, regard being had to the extent and population of the district assigned to the Church; and the sum which may probably be necessary to enable such Minister to procure a residence in the district, and to all other circumstances; and if such rents shall not be sufficient to afford such stipend, then such addition shall be made thereto, as the 42 Commissioners shall think fit, by means of or out of the monies granted by this Act. And be it Enacted, That in landward parishes or places, where no rent can be obtained for seats or pews, it shall and may be lawful for the said 43 44 45 said Commissioners, with the consent of the Presbytery of the bounds, and subject to the approbation of the Commissioners for plantation of kirks and valuation of teinds, to assign out of or by means of the money granted by this Act, such stipend as they shall think fit, to the Minister ordained to any Church erected by virtue of this Act, regard being had to the value of the manse garden and glebe, to be set apart for such Minister. district Churches to be in patron of parish Church. And be it further Enacted, That the nomination or appointment of the Patronage of Minister to any Church erected by virtue of this Act (except such Chapels as shall be built wholly by subscription) shall belong to the patron of the Church of the parish in which the same shall be situated, if such person shall have contributed not less than one quarter of the expense of the erection, and shall have been the largest contributor thereto; and if such person shall not have been the largest contributor, then such nomination or appointment shall belong to the largest contributor, if not less than one third of the expense of the erection; and if there shall have been no such contributor, then such nomination and appointment shall belong to the Crown; and all such Churches, when built, and the Ministers appointed thereto, shall be subject to the government of the Church of Scotland ás by law established, and shall be members of the Presbytery of the bounds. And be it further Enacted, That the repairs of all Churches erected by virtue of this Act shall be made in such manner as shall be settled and determined by and between the said Commissioners and the Presbytery of the bounds within which they are situated respectively. Repairs of the new intended Churches. Provided always, and be it Enacted, That the manner in which such Manner of repairs shall be so settled and determined, shall be notified by a written repairs to be or printed notice affixed and continued for successive Sundays on the doors of such Church, the repairs of which shall have been so calendar months, to complain thereof, by Petition to the Commissioners for plantation of kirks and valuation of teinds, who shall decide summarily thereupon; and their decision shall be final and conclusive, without being subject to any review or stay of execution whatever. And be it further Enacted, That in every Church built under the provisions of this Act, a seat or pew, sufficient to hold six persons at least, shall be set apart in the body or ground floor of the Church, and contiguous or near to the pulpit, for the use of the Minister of the Church for the time being and his family, and other seats in some other 331. convenient notified. Pews to be provided for Ministers, &c. and free seats for poor persons. Subscribers to have choice of convenient part of the Church, not among the free seats, capable of 40 And be it further Enacted, That all Subscribers to any such Church pews in order shall have choice of pews, at the rates fixed by the Commissioners under 47 the provisions of this Act, in the order of their amount of subscriptio n; and as to subscribers of the same amount, in the order of their subsubscriptions. scription. of amount of subscription, and if equal in order of Pews to be let to raise the for Ministers salaries, &c. And be it further Enacted, That all the pews and seats in every such sum required Church erected in or adjoining to any city town or place (save and except the pews or seats particularly set down as free seats) shall for ever be charged and chargeable with the several and respective yearly rents or sums set opposite to the figures or numbers marked upon each of the said pews or seats, as they shall be particularly numbered and set down in a list or schedule to be made and signed by the Commissioners, and registered in the books of the Presbytery of the bounds; and which said respective yearly rents or sums shall be paid by the possessors and 48 occupiers of the pews or seats to the persons who shall be appointed by the Commissioners to receive the same. Pew rents may be altered by Presbytery. For the recovery of pew rents half yearly. Provided always, and be it further Enacted, That it shall be lawful for the Presbytery of the bounds, to alter any such yearly rent or sums; and in any such case a new list or schedule of rents or sums, and the pews or seats upon which the same are respectively charged, shall be signed by the Presbytery, and shall be deposited among their records; and an extract or office copy therefrom, shall be sufficient authority for levying and receiving the rents specified therein. And be it further Enacted, That every person or persons possessed of a seat or pew in every such Church, shall pay the rents charged thereon as aforesaid, at two equal half-yearly payments, on such days as shall be settled by the Presbytery for the payment thereof, in every 49 year; and in case the rent of every such pew or seat, or any part thereof, shall happen to be behind and unpaid, by the space of months next after the same shall become due, and notice in writing demanding payment thereof, shall have been given to the owner or occupier of such seat or pew, then the person or persons appointed by the Commissioners in that behalf, shall and may either enter upon and hold such seat or pew, or let the same to any other person or persons, in such manner as such person or persons shall think proper, until the rent so in arrear, |