Sasine D. R. Souter Lanark
At Edinburgh the fifteenth day of August in the year one thousand eight hundred and fifty five, between the hours of eleven and twelve forenoon, the Instrument of Sasine under written was by William A. Brown, Writer in Edinburgh, presented for registration, and is engrossed in the two thousand seven hundred and thirty ninth Book of the New General Register of Sasines, Reversions etc. as follows vizt: At Edinburgh there was, on behalf of David Robertson Souter Esquire Accountant, Gloucester Place, Edinburgh, presented to me Notary Public, subscribing, a Disposition granted by John Campbell Esquire formerly of Glensaddell, now of the Priory, Saint Andrews, Alexander Macdonald Lockhart Esquire of the Elms Brixton Hill, Surrey, London, Eaglesfield Bradshaw Smith Esquire of Blackwood House in the County of Dumfries, and John Hunter Esquire, Auditor of the Court of Session in Scotland, residing at Craignook near Edinburgh, accepting Trustees and Executors nominated and appointed by Norman Lockhart Esquire of Tarbrax Writer to the Signet, now deceased, conform to Just Disposition and Settlement executed by him, leaving date the tenth day of December Eighteen hundred and fifty two and recorded in the Books of Council and Session the twenty eighth day of February Eighteen hundred and fifty five, and which Disposition bears date as in the Precept of Sasine and testing clause herein after inserted; By which Disposition the said John Campbell, Alexander Macdonald Lockhart, Eaglesfield Bradshaw Smith, and John Hunter as Trustees foresaid, to and in favor of the said David Robertson Souter his heirs and Assignees whomsoever, heritably and irredeemably All and whole the Forty Shilling Land of Woolfords or Ourates now called Woolfords Ourates, with the houses, biggings, yards, muirs, marshes, meadows, parts pendicles and pertinents thereof whatsoever, as also the Teind Sheaves and other teinds great and small parsonage and vicarage of the lands and others above written, lying within the Parish and Barony of Carnwath shire of Lanark, as also All and Hail one Twenty Shilling Land of Tarbrax, with houses, biggings, yards, muirs, marshes, meadows, parts pendicles and pertinents thereof whatsoever, as the same was possessed by James Nimmo, sometime Portioner of Tarbrax, and his Tenants, together with a just and equal portion of that piece of ground called the Hinshawhill effeiring to the said Twenty Shilling Land, with the other heritors of the Three Pound Land of Tarbrax and Dykehead, and which whole Three Pound Land of Tarbrax and Dykeheads of Tarbrax, with the said piece of ground called the Hinshawhill, are bounded in manner mentioned in the Rights and Infestments of the property thereof, lying in the Parish and Barony of Carnwath and Sheriffdom of Lanark; Reserving always to Sir Charles Macdonald Lockhart of Lee and Carnwath Baronet, and his heirs and successors in the Entailed Estate of Carnwath, all right and title which the said James Nimmo or his predecessors had or could pretend to the muirs and commonties of Carnwath and Dunsyre or any parts thereof except that part thereof above mentioned called Hinshawhill; as also All and Whole a just and equal third part of the lands of Auchtygemmel, lying betwixt the Burns called the Foreburn and Backburn, and bounded on the North and North East parts thereof by Covingshaw and Crosswoodhill, with a third part of the houses, biggings, yards, mosses, muirs, meadows, parts, pendicles and haill pertinents of the same, lying within the said Barony of Carnwath and Sheriffdom of Lanark; Together with the haill teind sheaves and other teinds great and small, parsonage and vicarage of the said just and equal third part of the said lands of Auchtygemmel; Excepting always the clauses in the former rights and charters of the said Lands by which it is declared that in case a new Church shall happen to be erected within the said Parish of Carnwath, that a portion of the said teinds shall be allocated to the Minister of the said new Church; which Lands, teinds and others, above written formerly belonged to James Nimmo, Portioner of Tarbrax as Vassal therein; as also All and Haill the Twenty Shilling land of Nether Tarbrax with houses, biggings, yards, meadows, parts, pendicles, privileges and pertinents thereof whatsoever, together with one just and equal portion of that piece of ground called the Hinshawhill effeiring to the said Twenty Shilling land with the other Heritors of the three pound land of Dykeheads and Tarbrax, and which haill three pound land of Tarbrax and Dykeheads of Tarbrax with the said piece of ground called the Hinshawhill, are bounded in manner mentioned in the former Rights and Infestments thereof, lying within the Parish of Carnwath and Sheriffdom of Lanark; Reserving always to the said Sir Charles Macdonald Lockhart and his Heirs and successors in the said Entailed Estate of Carnwath, all right and title which William Sommerville of Tarbrax or his predecessors had or could pretend to the muirs and commonties of Carnwath and Dunsyre or any part of the same except the piece thereof above written called the Hinshawhill; and also All and Whole another just and equal third part of the said Lands of Auchtygemmel lying betwixt the Burns called the Foreburn and Backburn, and bounded on the North and North East parts thereof by Covingshaw and Crosswoodhill, with a third part of the houses, biggings, yards, mosses, muirs, meadows, parts, pendicles and haill pertinents of the same, lying within the Barony of Carnwath and Sheriffdom of Lanark; Together with the haill teind sheaves and other Teinds great and small, parsonage and vicarage of this just and equal third part of the said lands of Auchtygemmel; Excepting always the clause in the former Rights and Charters of the said lands, by which it is declared that in case of a new Church shall happen to be erected within the said Parish of Carnwath that a proportion of the said teinds shall be allocated to the Minister of the said new Church; which Lands of Nether Tarbrax and last mentioned third part of the Lands of Auchtygemmel, teinds and others formerly belonged to William Sommerville of Tarbrax, Father of Thomas Sommerville of Tarbrax as Vassal therein; as also All and Whole the Ten Shilling land of the Twenty Shilling land of Dykeheads of Tarbrax being a part of the Three Pound Land of Tarbrax, with houses, biggings, yards, mosses, muirs, meadows, parts, pendicles and pertinents of the same whatever; Together with one just and equal portion of that piece of ground called the Hinshawhill effeiring to the said Ten Shilling Lands with the other Heritors of the Three Pound lands of Dykeheads and Tarbrax; as also All and Haill the other Ten Shilling land of the said Twenty Shilling land of Dykeheads and Tarbrax, being a part of the said Three Pound lands of Tarbrax, with houses, biggings, yards, meadows, parts, pendicles, privileges and pertinents thereof; Together also with another just and equal proportion of the said piece of ground called the Hinshawhill, effeiring to the said ten shilling land with the other Heritors of the said Three Pound land of Dykeheads and Tarbrax, all lying within the Barony of Carnwath and Sheriffdom of Lanark; as also All and Whole a just and equal third part of the Lands of Auchtygemmel, or Auchingemmel, lying betwixt the Burns called the Foreburn and Backburn, and bounded on the North and North East parts thereof by Covingshaw and Crosswoodhill, and a third part of the houses, biggings, yards, mosses, muirs, meadows, parts, pendicles, and haill pertinents of the same; Together with the haill teind sheaves and other teinds great and small parsonage and vicarage of the said just and equal third part of the Lands of Auchtygemmel lying within the Barony of Carnwath and Sheriffdom of Lanark, the Superiority of the said Lands being specified and described in a Crown Charter of Resignation dated Fifth July Eighteen hundred and nineteen, written to the Seal and registered and sealed the Eighteenth January Eighteen hundred and twenty, and Instrument of Sasine following thereon both in favor of the said deceased Norman Lockhart, the Sasine being dated the twenty fourth day of November and recorded in the Particular Register of Sasines kept at Hamilton for Lanarkshire the second day of December Eighteen hundred and forty, and the property of the said Twenty Shilling Land of Nether Tarbrax, the just and equal portion of the piece of ground called the Hinshawhill effiering to the said twenty shilling land, with the other Heritors of the three pound land of Dykeheads and Tarbrax, the just and equal third part of the Lands of Auchtygemmel, the twenty shilling land of Tarbrax, being a just and equal third part of the Three pound land of Tarbrax possessed by James Nimmo, with a just and equal portion of the said piece of ground effiering to the said Twenty shilling land, the just and equal third part of the Lands of Auchtygemmel, with the teinds of the said Lands thereby disponed being particularly specified and described in a Disposition by Thomas Sommerville formerly of Tarbrax dated Twenty fifth November Eighteen hundred and eighteen, and Instrument of Sasine following thereon both in favor of the said Norman Lockhart, dated Eleventh and recorded in the Particular Register of Sasines kept at Hamilton for the County of Lanark on the Fifteenth days of February Eighteen hundred and nineteen, to which reference is made; and their, the said Trustees of the said deceased Norman Lockharts whole right title and interest as Trustees foresaid present and future as respects the Superiority or Dominium Directum and Property or Dominium Utile respectivly or the said several Lands, or any part thereof; Excepting from the warrandice contained in the said Disposition in favour of the said David Robertson Souter, all Siferent Conveyances of the Superiority of the said Lands, or any part thereof granted by the said deceased Norman Lockhart, and under the declaration that the said David Robertson Souter should be bound as by acceptation of the said Disposition he should be held bound and obliged to relieve the said Trustees of the said deceased Norman Lockhart, and the beneficiaries under his Trust Disposition and Settlement of all future annual payments, of the sum of Ninety two pounds two shillings and three pence Sterling payable half yearly to the Government on account of Drainage to become due and payable subsequent to the term of Martinmas Eighteen hundred and fifty four, and now forming a real burden on the property or Dominium Utile of the said Lands above described formerly belonging to the said Norman Lockhart; With entry at the said term of Martinmas Eighteen hundred and fifty four notwithstanding the date of the said Disposition in favour of the said David Robertson Souter; Which Disposition in favor of the said David Robertson Souter contains an obligation to infest a se vel de se, and a Precept of Sasine in the following terms; "Moreover we the said John Campbell, Alexander Macdonald Lockhart, Eaglesfield Bradshaw Smith, and John Hunter as Trustees foresaid, desire any Notary Public to whom these presents may be presented, to give to the said David Robertson Souter or his foresaids, Sasine of the several Lands and others above disponed and that as respects Superiority, or Dominium Directum, and Property or Dominium Utile as accords by law, but always with and under the exceptions reservations, liferent and real burden before mentioned; In Witness whereof these presents, written on this and the three preceding pages by James Reid, Clerk to the said John Whitehead, are subscribed by us as follows vizt; By me the said John Hunter at Edinburgh on the fifth day of April Eighteen hundred and fifty five, before these witnesses Andrew Duncan Hughson my Clerk and Arthur Dickson, Apprentice to the said John Whitehead; By the said Alexander Macdonald Lockhart at London on the Eighteenth day of the said month of April and year last above mentioned before these Witnesses William Lockhart of Milton Lockhart Esquire, Member of Parliament for the County of Lanark, presently residing in London; By me the said John Campbell at Arranches aforesaid upon the twelfth day of May and year last above mentioned before these Witnesses James William Lerowdy late Captain on Her Majestys Forty seventh Regiment of Foot, and Graviet Rufus Taylr Disney, Lieutenant Royal Navy, both presently residing at Arranches aforesaid; and by me the said Eaglesfield Bradshaw Smith at Loeche, Canton of Vallais Switzerland upon the Fourteenth day of July and year aforesaid, before these Witnesses John Welch, Merchant, Saint Johns Wood Park London, presently residing at Loeche aforesaid, and Henri Rapin, Minister of the Holy Gospel at Corsier near Novey, Canton de Vaud Switzerland, (signed) John Campbell, et M. Lockhart, Eaglesfield Bradshaw Smith, John Hunter, (signed) J. N. Crowdy Witness, Arch. Gerard Witness, John Welch Witness, Henri Rapin, Ministrie du St Est Witness, And. D. Hughson Witness, Arthur Dickson Witness;" In virtue of which Precept I hereby give Sasine to the said David Robertson Souter of the several Lands and others above described, and that as respects Superiority or Dominium Directum, and propery or Dominium Utile, as accords of law, but always with and under the Exceptions, reservations, liferent, and real burden before mentioned; In Witness whereof I have subscribed these presents, written upon this and the five preceding pages of stamped vellum by William Alexander Brown, Clerk to Messieurs Morton Whitehead and Greig Writers to the Signet Edinburgh, before these Witnesses the said William Alexander Brown, and James Reid my Clerk. (signed) Allestor, John Whitehead, Notary Public, William Alexander Brown Witness, James Reid Witness, Collated by James Lindsay Written by James Kerr