Sasine In Favor of Norman Lockhart Esq
At Hamilton the Fifteenth day of February Eighteen Hundred and Nineteen years The Sasine after told was present by John Torrance Writer in Hand and Recorded the same day as follows -
In the Name of God Amen. Let it known to all men by this present public instrument that upon the eleventh day of February in the year of our Lord One Thousand Eight Hundred and Nineteen in the reign of our Sovereign Lord George the Third by the Grace of God of the United Kingdoms of Great Britain and Ireland King Defender of the Faith the Fifty ninth year. In Presence of me Notary Public and Witnesses Subscribing Appear personally John Gibson Tollkeeper at Carnwath as procurator and attorney for and in name and behalf of Norman Lockhart Esquire, Writer to the Signet, whose power of Procuratory was sufficiently known to me the said Notary Public And present with us and John French Tenant in Lanark Baillie in that part specially constituted by virtue of the Precept of Sasine after inserted to the grounds of the lands and others after mentioned, respectively and successively Having and Holding in his hands the principal Disposition, of the date underwritten containing the precept of Sasine after inserted made and Granted by Thomas Sommerville of Tarbrax, heritable proprietor of the lands and others therein and after described Whereby he Sold Alienated and Disponed to and in favor of the said Norman Lockhart and his heirs and assignees whomsoever, heretably and irredeemably All and Whole the Twenty Shilling land of Nether Tarbrax with houses biggings, yeards, meadows, parts, pendicles, privileges and pertinents thereof whatsoever Together with an just and equal portion of that piece of ground called the Hinshaw hill effeiring to the said twenty shilling land with the other Heretors of the Three Pound land of Dykeheads and Tarbrax and which hail three pound land of Tarbrax with the said piece of ground called the Hinshaw hill are bounded in manner mentioned in the former rights and insestments thereof lying within the parish of Carnwath and Sheriffdom of Lanark Reserving always to Sir Charles Macdonald Lockhart of Lee and Carnwath Baronet his heirs and successors all right and title which William Somerville of Tarbrax Father of the said Thomas Sommerville or his predecessors had or could pretend to the muirs and commonties of Carnwath and Dunsyre or any part of the same Execept the piece thereof above written called the Hinshaw hill as also All and Haill 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 Barony of Carnwath and Sheriffdom of Lanark and which third part of the said lands of Auchtygemmel is divided from the other two thirds thereof sometime belonging to John Nimmo and John Sommerville Portioners of Tarbrax and landed and meithed in manner mentioned in a Decree of Division of Runridgelands obtained before the Sheriff of Lanarkshire at the instance of the said John Sommerville and William Sommerville also sometime Portioner of Tarbrax against John Nimmo Son and heir of James Nimmo of Nether Tarbrax and his Sutors and Ourators dated the Sixth day of February Seventeen hundred and Seventy years Together with the hail 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 proportion of the said teinds shall be allocated to the minister of the said new Church Which clause the said Norman Lockhart by acceptation of said Disposition renounced for ever; As also All and whole one Twenty Shilling land of Tarbrax being an just and equal third part of the Three Pound land of Tarbrax with houses biggings yards, meadows parts pendicles and haill pertinents of the same whatsoever as the same was possessed by James Nimmo sometime Portioner of Tarbrax and his tenants Togther with the other heretors of the said three pound land of Tarbrax and Dykeheads of Tarbrax with the said piece of ground called the Hinshaw hill are bounded as follows Vizt: Upon the South by the Eastmost Syke in the Stalling Hagg, from thence straight up the moss to the Dykeheadend at the West side of the Stonefauld from thence West the wxxxx to the foot of the march Dyke at the West end of the said James Nimmos half and from thence up the Burn to the Dykeheadend as the same was formerly possessed by the said James Nimmo, William Sommerville and Adam Sommerville and John Aikman and from the Dykeheadend up the Dryburn to the Hinshawburnhead and from thence up the North side of the mares moss to the West end of Garvelsykerig and from thence down the Runner by the Garvelsykeridge to a little Westward of the maidenwaterhead and from thence to the top of the Seyean Law and from thence straight down between the two Hinshawhills to a little be west the maidenwell Stane and from thence straight down to Clydesdaleburnhead, and from thence straight down the Greenfield water to the said Stallinghagg as the said lands are meithed marched and pitted with Stones Reserving always to the said Sir Charles Macdonald Lockhart and his foresaids 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 part thereof execpt that part thereof last above mentioned called the Hinshawhill; And also All and whole another 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 hail pertinents of the same lying within the Barony of Carnwath and Sheriffdom of Lanark and which third part of the said lands of Auchtygemmel is divided from the other two third parts thereof sometime belonging to John Sommerville of Dykehead of Tarbrax, and William Sommerville Portioner of Tarbrax and bounded and meithed in manner mentioned in the said decree of Division of Runridgelands obtained before the Sheriff of Lanarkshire at the instance of the said John Sommerville and William Somerville against the said John Nimmo and his Sutors and Ourates of the date above mentioned Together with the hail 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 last above described Excepting always the clauses in the former rights and charters of 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 proportion of the said teinds shall be allocated to the minister of the said new Church which clause the said Norman Lockhart by acception of said Disposition renounced forever Together with all right, title, interest, claim of right, property and possession, as well as petitory as possessory, which the said Thomas Somerville his predecessors and authors heirs and successors had or any ways might have claim or pretend thereto, as the said Disposition, containing an obligation to infess a me vel de me procuratory of resignation clause of absolute warrandice assignation to the trusts and evidents and rents, mails and duties of the foresaid lands, the precept of Sasine above mentioned and after inserted more fully bears. Which Disposition containing the said precept of Sasine the said Procurator and Attorney present to the said Bailie, and desired him to proceed to the Office of Bailliary thereby committed to him, by giving Sasine to the said Norman Lockhart Esquire of the said lands and others, in terms of the said Disposition and precept of Sasine therein contained; Which desire the said Baillie finding to be reasonable he received the said Disposition into his hands, and delivered the same to me Notary Public Subscribing, to be read and published to the witnesses and others present; Which Did, and of which precept therein contained the tenor follows "And further I hereby Desire and require you . Jointly and Severally my Baillies in that part hereby specially constituted that on sight thereof, ye pass to the ground of the said respective lands, and there give and deliver to the said Norman Lockhart or his foresaids, heritable State and Sasine, real actual and corporal possession of All and Whole the said several lands teinds and others contained in the Dispositive clause hereof lying and described as aforesaid and here held as again repeated brevitatis causa under the reservations always before mentioned and that by delivery to the said Norman Lockhart or to his foresaids, or to his or their certain attorney or attorneys in his or their names bearers hereof of Earth and Stoneof and upon the ground of the said several lands respectively and successively after each other for the same, grass and coin for the said teinds and all other symbols usual and requisite, and this in no wise ye have undone which to do I commit to you jointly and severally full power by this my precept of Sasine directed to you for that effect, In Witness Whereof these presents (written by Alexander Anderson Clerk to the said Norman Lockhart, Writer to the Signet, upon this and the five preceding pages of paper duly stamped conform to law) are subscribed to me At Edinburgh the Twenty fifth day of November in the year One thousand Eight hundred and Eighteen before these Witnesses John Sommerville Junior Writer in Edinburgh and the said Alexander Anderson (signed, Thomas Sommerville, John Sommerville du witness, Alex Anderson witness" After Reading and Publishing of which Disposition and Precept of Sasine therein contained and above inserted, the said Baillie, by virtue thereof and of the office of bailliary thereby committed to him ???? and Delivered to the said Norman Lockhart heritable State and Sasine, real, actual and corporal possession of All and Whole the said several lands teinds ands others above mentioned, lying and described in manner foresaid, and that by delivery to the said Procurator and Attorney of Earth and Stone of the ground of the said several lands and each discontiguous part and portion thereof respectively and successively after the grass and coin for the said teinds and of other symbols usual and requisite after the form and tenor of the said Disposition and Precept of Sasine above inserted therein contained in all points Whereupon and upon all and Sundry the premises the said Procurator and attorney asked and look instruments in the hands of me Notary Public Subscribing these things were so done on the grounds of the said several lands and each discontiguous part and portion thereof respectively and successively the one after the other between the hours of One and two afternoon of the day month year of our Lord and of the things reign respectively first above written, before and in presence of these Witnesses to the premises specially called and required, and hereto with me subscribing Vizt: James Dymock Manufacturing Agent in Lanark and George Gibson Apprentice to me the said Notary Public Subscribing. Et ego vero Gulielmus Vary Clericus Glasquensis dioceseos ac Notarius Publicus auctorilate regali ac per Dominos boncilii et Sessionis secundum tenorem acti Parliamenti admissus, quia premissis omnibus et singulis dum sic et ut premittitum dicerentur agerentum et fierent, una cum prenominatis testibus presens personaliter intersui, eaque omnia et singula premissa sic fieri et dice, vidi, scivi et audivi ac in notam cepi; ideoque hoc presens publicum Instrumentum manu mea et aliena super hanc et quinque precedentes paquines peramene vite impressa fideliter scriptum exinde confeci et in hanc Publici Instrumenti formam redegi, signoque nomine et cognomine meis solitis et consuetis signari et subscrupsi in fidem ??? et testimonium vertitatis omnium et singulam premissorum rogatus et requisitus (Sic Subscr??? Quod Vidi assero William Vary N.P. James Dymock Witness. Geo. Gibson Witness Written by John Torrance Collated by William Duncan