John Richardson estate: empowering the Court of Session to sell parts of the entailed estates of Pitfour (Perth) for payment of debts and provisions Act 1832

Publication Date:January 01, 1832
John Richardson estate: empowering the Court of Session to sell parts of the entailed estates of Pitfour (Perth) for payment of debts and provisions Act 1832

(2 & 3 Will. 4) c. 9

An Act to empower the Judges of the Court of Session in Scotland to sell such Part or Parts of the entailed Estates belonging to John Richardson Esquire, of Pitfour in the County of Perth, as shall be sufficient for Payment of the Debts and Provisions affecting the same.

[23d June 1832]

ANNO SECUNDO GULIELMI IV. REGIS. *##**#*#*#####*^**^*********#*****#*****#*****#**#** Cap. 9. ha* Act to empower the Judges of the Court of Session in Scotland to sell such Part or Parts of the entailed Estates belonging to John Richardson Esquire, of Pitfour in the County of Perth, as shall be sufficient for Payment of the Debts and Provisions affecting the same. [23d June 1832.] W HEREAS John Richardson Esquire, late of Pitfour in the Entail by County of Perth, deceased, by his Procuratory of Resig- John nation and Deed of Entail dated the Sixth Day of JfiCp£jn December in the Year of our Lord One thousand seven hundred 6tn Decem- and ninety-nine, registered in the Register of Tailzies the Fourth ber 1799. Day of February in the Year of our Lord One thousand eight hundred, and in the Books of Council and Session the Fourteenth Day of April thereafter, for the Causes therein specified granted Procuratory for resigning all and haill the Town and Lands of Pitfour and Mains thereof, with the Manor Place, Fishings, Houses, Biggings, Yards, Parts, Pendicles, Orchards, and Pertinents of the same ; and also all and haill the Lands of Drumgreen and Lochshed, with Houses, Biggings, Yards, and Pertinents of the same, Tenants, Tenandries, and Service of Free Tenants of the said Lands; and siclike, all and haill the Town and Lands of Cairnie, with Houses, [Private.] 3 { Biggings, 218 2 GULIELMI IV. Cap.9. Biggings, Yards, Orchards, Mills, Mill Lands, with the free and astricted Multures of the said Mills, as also the Salmon and other Fishings on the Water of Tay belonging to the said Lands, and all other Parts, Pendicles, Annexis, Connexis, Dependencies, and Pertinents whatsoever of the said Lands and Mills; as also the Advocation, Donation, and Right of Patronage of the Kirk of St. Madoe's, Parsonage and Vicarage, and all Privileges and Liberties thereto belonging; and further, all and whole the Lands of Muirhall, with Houses, Biggings, Yards, and whole Pertinents thereof, formerly within the Barony of Roscobie, and lying in the Shire of Perth; and siclike, the Teinds, Parsonage and Vicarage, of the said haill Lands and others thereby disponed ; and moreover, that Salmon Fishing on the River Tay called the Fishing of the Ships, with the whole Parts and Pertinents thereof, and whole Liberties, Privileges, Easements, and Advantages used and wont, belonging or which may justly belong to the said Fishing ; and also all and haill the Fishing of Poldrait in the said River Tay, and lying above the old Bridge of Perth within the Shire of Perth, and whole Privileges and Pertinents thereof; and lastly, all and whole that back Orchard of old called the Dead Land, now the Diddledan, lying on the East Side of the Road or Walk leading through the old Diddledan to the North Inch of Perth, with the Houses, Biggings, and Policy thereof, and whole Privileges and Pertinents thereto belonging, lying without the common Wall of the Burgh of Perth, bounded betwixt the Water of Tay on the East and North, the Aqueduct of the common Mills of the said Burgh and the said Road or Walk on the West, and the common Walls of the said Burgh on the South Parts, with all Right, Title, Interest, Property, and Possession which he the said John Richardson the Entailer, his Predecessors and Authors, Heirs and Successors, had or any ways might have, claim, pretend, or acquire to the said Lands, Fishings, Teinds, and others thereby resigned, with the Pertinents, or to any Part or Portion thereof, or to any Duty receivable out of the same, or to the Rents, Mails, and Profits thereof in all Time coming, in the Hands of his Superiors or of their Commissioners, having Power to receive Resignations; in favour and for new Infeftment in the Premises to be made, given, and granted to the said John Richardson himself; whom failing, to James Richardson his Son, and the Heirs whatsoever lawfully procreated or. to be procreated of his Body; whom failing, to Margaret Richardson his Daughter, and the Heirs whatsoever lawfully to be procreated of her Body; whom failing, to the Heirs whatsoever procreated of the Body of Jean Richardson deceased, only Child of the also deceased James Richardson, Brother-german of the said John Richardson theEn-' tailer, and late Spouse to John Ross, Merchant in Perth; whom failing,' to the Heirs whatsoever procreated of the Body of Janet Richardson deceased, eldest Sister-german of the said John Richardson the Entailer ; whom failing, to the Heirs whatsoever procreated of the Body of Beatrix Richardson deceased, youngest Sister-german of the said John Richardson the Entailer; whom failing, to any Person or Persons * to be named by him by a Writing under his Hand at any Time of his Life ; whom failing, to any Person or Persons who should be so named' and appointed by the said James Richardson his Son; all which failing, to the nearest Heirs and Assignees whatsoever of the said John' 1 i Richardson 21.9 Richardson the Entailer, the eldest Heir Female throughout the whole Course of Succession always succeeding without Division, and excluding Heirs Portioners, heritably and irredeemably, in such due and competent Form as accords, but always with and under the Provisions, Conditions, Declarations, irritant and resolutive Clauses, mentioned in the said Procuratory of Resignation and Deed of Entail, and usual in Settlements of strict Entail by the Law and Practice of Scotland, against Heirs of Entail disponing or alienating the settled or entailed Estate or any Part thereof, or burdening the same, or contracting any Debts by which the same might be any ways affected or evicted; and the said John Richardson by the said Deed reserved to himself full Power and Liberty at any Time of his Life to contract Debt upon, sell, and dispose of the said Lands and Estates, and to burden and affect the same at his Pleasure: And Second En-whereas the said John Richardson the Entailer, by another Procura- tail by him, tory of Resignation and Deed of Entail, dated the Fourteenth Day |*th.July of July in the Year of our Lord One thousand eight hundred and fifteen, with a Codicil or Addition thereto dated the Thirty first Day of August in the Year of our Lord One thousand eight hundred and fifteen, registered in the Register of Tailzies on the Twenty-sixth Day of June in the Year of our Lord One thousand eight hundred and sixteen, and in the Books of Council and Session the Second Day of June in the Year of our Lord One thousand eight hundred and twenty one, for the Causes therein specified granted Procuratory for resigning all and whole the Two-third Parts or Shares belonging to him the said John Richardson the Entailer of all and whole the following Parts and Portions of the Lands and Barony of Hunting-tower ; videlicet, the Lands called West Haugh and Burn Grange of Huntingtower, and those Parts of Middlehaugh of Huntingtower formerly occupied as a Bleachfield and Farm by Richardson and Company, and then by William Turnbull and others, the whole consisting of One hundred and thirteen Acres or thereby Scots Measure, as the same were delineated on a Plan dated the Thirteenth Day of December in the Year of our Lord One thousand eight hundred, subscribed by the Duke of Atholl and by the said John Richardson and Thomas Young Esquire, of Ardbenny, and referred to in the different Rights and lnfeitments vesting the said John Richardson in the Property of the Subjects thereby disponed, together also with that small Gushet or Angle of Ground adjoining to the South-east Side of the said Property, also marked on the said Plan, with the whole Houses, Biggings, Machinery, Mills, Aqueducts, and other Subjects in and upon the said Bleaching Field and Farm, and whole Privileges and Pertinents thereto belonging, and also with the exclusive Right and Privilege of using the Water from the River Almond in the King's Lead, in so far as the same runs through the said Grounds, for the Purposes of the Works carried on or thereafter to be carried on upon the said Grounds, with the whole Falls on the King's Lead from the Intake of the Water at Low's-work to the Paper Mill below, some Time occupied by Messrs. Lindsay and Company, and then by William Stewart of Spoutwells, and others, the said John Richardson's Disponees being always bound to cause the Water which may be itv erted from the said Lead into any Canals or Aqueducts for serving ihe^ Machinery Erected or to be erected on the said Grounds, or for any 220 2GULIELMI IV. Cap-9. any other necessary Purposes, to be again carefully returned 4#*h Lead below; declaring that the Height of the Gumhead of the md Paper Mill at Ruthven, then an Oil Mill, should be regulated anther Manner specified in the said John Richardson's Rights and Infeft-ments in said Subjects, and relative Missives thereanent; which Lands and others thereby disponed are bounded on the South-east and West by March Stones, and on the North and North-west by the River Almond; together with every Right to the said Disponees, for-merlv competent to the Duke of Atholl, of recovering the Grounds swept away by the Inundations of the said River Almond, or of confining the said' River, by means of Croys, Abutments, or other Works, within its former or proper Channel, and of protecting the said Grounds from future Encroachments of the said River; together also with such Right as the said Duke of Atholl had to the Teinds, Great and Small, Parsonage and Vicarage, of the whole Lands and other Subjects thereby disponed; and...

To continue reading

Request your trial