Duke of Argyll estate: allowing him and his trustees to borrow money and charge it against the estate of Argyll Act 1830

Publication Date:January 01, 1830
 
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Duke of Argyll estate: allowing him and his trustees to borrow money and charge it against the estate of Argyll Act 1830

(11 Geo. 4 & 1 Will. 4) c. 35

An Act for empowering George William Duke of Argyll and his Trustee to borrow a Sum of Money, and to make it a Charge on the Estate of Argyll, upon certain Conditions.

[17th June 1830]

ANNO UNDECIMO GEORGII IV. REGIS. Sr.A.fir.A A.ASe.A &.AA.A.AA.v. A.A A. ^!k^A;AAA^^l-^A^&&£^^^^^A^)i AAA. A-A C/ . 35. An Act for empowering George William Duke of Argyll and his Trustee to borrow a Sum of Money, and to make it a Charge on the Estate of Argyll, upon certain Conditions. [17th June 1830.] W HEREAS by a Contract of Marriage bearing Date the Thirtieth Day of December One thousand seven hundred and one, recorded in the Register of Tailzies the Fifth Day of January One thousand seven hundred and forty, entered into between Archibald Duke of Argyll and John Marquis of Lome, his eldest Son and Heir Apparent, on the one Part, and Thomas Brown of the Parish of Saint Ann's, Westminster, Esquire, and Mary Brown his Daughter, on the other Part, the said Noble Duke did bind and oblige himself and his Heirs and Successors to make due and lawful Re signation of all and haill the Earldom of Argyll, with all and sundry other Baronies, Manors, Lands, Teinds, Tenements, Hereditaments, Advocations, Donations, and Rights of Patronage, Heritable Offices, and others whatsoever, then in the Possession of and pertaining and belonging heritably to the said Archibald Duke of Argyll, or where- unto he had Right as representing Archibald Earl of Argyll his Father, or any other manner of way within the Kingdom of Scotland, and specially, without Prejudice to the Generality foresaid, the Earldom, Lordship, Barony, Lands, and others therein mentioned, in the Hands of his immediate lawful Superiors, in favour and for new Infeftmentof the same to be made, given, and granted, to and in favour of the said. [Private.'] 10 p- John Contract of Marriage, in which is contained Entail of the Argyll Estate, dated 30th Dec. 1701. lFGEORGII IV. Cap.35. John Marquis of Lome and the Heirs Male to be procreated by him upon the Body of the said Mary Brown; whom failing, in favour of the Heirs Male to be procreated of the said John Marquis of Lome his Body of any other Marriage; whom failing, in favour of Lord Archibald Campbell, Second lawful Son to the said Archibald Duke of Argyll, and the Heirs Male to be procreated of his Body; whom failing, in favour of any other Heirs Male to be procreated of the said Archibald Duke of Argyll his Body; whom failing, in favour of any other Person or Heirs to be nominated and designed by Writing under the Hand of the said Archibald Duke of Argyll at any Time in his Lifetime, ac etiam in articulo mortis ; whom failing, in favour of the said John Marquis of Lorn his Heirs Male whatsoever; whom all failing, in favour of the said John Marquis of Lorn, his Heirs and Assignees whomsoever; and it was thereby specially provided and declared, that it should be nowise lawful to nor in the Power of the said John Marquis of Lome, or his Heirs of Entail or Tailzie above mentioned, or any of them, to sell, dispone, dilapidate, or put away the said Lands, Estate, and Living of Argyll, and others therein mentioned, nor no Part thereof, nor to break, innovate, or infringe the foresaid Tailzie, nor to contract Debt, whereby the same or any Part thereof might be encumbered or evicted, by Mortgage or otherwise whatsoever, nor do any other Fact or Deed, civil or criminal, by Commission, Omission, or otherwise, whereby the said Lands, Estate, and Living of Argyll might be anywise apprised or adjudged evicted or forfeited from them, or any otherwise affected in prejudice and defraud of the subsequent Heirs of Entail and Tailzie therein mentioned successive, according to the Order and Substitution therein written, all which Deeds were not only thereby declared null and void, by way of Exception or Reply, without Declarator, in so far as the samen might burden or affect the said Estate, but also it was thereby provided and declared, that the said John Marquis of Lome, and the other Heirs of Entail or Tailzie therein specified, who should contravene and incur the Clauses irritant foresaid, or any of them, either by not marrying in manner therein provided, or not assuming and retaining the Name and Arms of Campbell and the Family of Argyll, or should break or innovate the said Tailzie, or contract Debt, or do any other Deed whereby the said Lands and Estate of Argyll might be evicted from them, or anywise affected in manner aforesaid, that then and in any of these Cases the said Persons so contravening should amit, tyne, and forefault themselves allenarly, but prejudice of the Heirs included in the foresaid Tailzie their Right of Succession to the said Lands and Estate, and the Infeftments and other Rights in their Persons should from thenceforth become void, extinct, and null, ipso facto, by way of Exception or Reply, and without any Declarator to follow thereupon, as the said Contract of Marriage, in which is contained the Tailzie aforesaid, in itself more fully bears: And whereas the said John Marquis of Lome, afterwards Duke of Argyll and Greenwich, did obtain a Charter of Re^ signation under the Great Seal, following upon the Procuratory of Resignation contained in the said Contract of Marriage, which Charter is dated at Saint James's the Tenth Day of May One thousand seven hundred and two, and sealed the Twenty-eighth Day of September thereafter, and the said Duke was duly infeft thereupon, conform to Instru- lPGEORGII IV. CapM. 855 Instrument of Sasine in his Favour, which is dated the Fourteenth and Fifteenth Days of December One thousand seven hundred and two, and recorded in the General Register of Sasines at Edinburgh the Eighth Day of February One thousand seven hundred and three: And whereas the said John Duke of Argyll and Greenwich, having died without leaving Male Issue, was succeeded by his Brother, Lord Archibald Campbell, afterwards Earl of May, and then become Duke of Argyll, who was served Heir of Tailzie and Provision of his said Brother in the Estate of Argyll, conform to Retour of his Special Service as Heir foresaid, before the Macers of Session, dated Sixteenth January One thousand seven hundred and forty-four; and the said Archibald Duke of Argyll having obtained a Precept furth of theChan-cery for infefting him in the said Estate, which is dated the Twenty-fourth Day of January in the Year One thousand seven hundred and -forty-four, he was duly infeft therein, conform to Instrument of Sasine in his Favour, which is dated the Twenty-third February One thousand seven hundred and forty-four, and recorded in the General Register of Sasines at Edinburgh the Eighth March thereafter: And whereas the said Archibald Duke of Argyll having died without leaving Male Issue, was succeeded in his Honours and Estates by his Cousin German, General John Campbell of Mamore, who was served Heir of Tailzie and Provision of the said Archibald Duke of Argyll, conform to Retour of the Special Service of the said General John Campbell, then become Duke of Argyll, as Heir foresaid, before the Macers of Session, dated Eleventh September One thousand seven hundred and sixty-one; and the said John Duke of Argyll having obtained a Precept furth of the Chancery for infefting him in the said Estate, which is dated Thirteenth September One thousand seven hundred and sixty-one, he was duly infeft thereon, conform to Instrument of Sasine in his Favour, which is dated the Fifteenth and Twenty-third Days of October One thousand seven hundred and sixty-one, and recorded in the General Register of Sasines at Edinburgh the Thirty-first Day of the same Month and Year aforesaid: And whereas the said John Duke of Argyll at his Death was succeeded in his Honours and Estates by John Marquis of Lorn, his eldest Son, then become Duke of Argyll, who was served Heir in Special of Tailzie and Provision of his said Father, before the Macers of Session, conform to Retour of his Service as Heir aforesaid, which is dated Fourth February One thousand seven hundred and seventy-one, and having obtained a Precept furth of the Chancery, which is dated the Twenty-seventh Day of March One thousand seven hundred and seventy-one, he was duly infeft thereupon, conform to Instrument of Sasine in his Favour, which is dated the Fourth and Fifth April One thousand seven hundred and seventy-one, and recorded in the General Register of Sasines at Edinburgh the Nineteenth Day of the same Month of April; from all which it appears that the Dukes of Argyll held and possessed the Dukedom, Lands, and Estate of Argyll, upon the Footing of the'Tailzie contained in the before-recited Contract of Marriage, from the Date of it in the Year One thousand seven hundred and one downwards : And whereas the said Jo hn last Duke of Argyll, after his Grace New Entail and his Predecessors had held and possessed the Dukedom, Lands, by John, last and Estate of Argyll for more than a Century upon the Footing of j?uke'vit) the Tailzie contained in the Contract of Marriage aforesaid, did S| "he 15 take present lFGEORGII IV. Cap.Sb. take it upon him, with the special Advice and Consent of his Sori George William, then Marquis of Lorn, now Duke of Argyll, to make and execute a Procuratory of Resignation, containing a new Tailzie of the said Dukedom and others (varying in some respects from the former), in favour of him the said John Duke of Argyll in Liferent, and the said George Marquis of Lorn and the Heirs Male of his Body in Fee; whom failing, John Douglas Edward Henry Campbell, com-monly called Lord John Campbell, Second lawful Son of him the said John Duke of Argyll, and the Heirs Male of his Body; whom failing, Frederick Campbell, commonly called Lord Frederick Campbell, Lord Clerk Register of Scotland, Brother German of the said John Duke of Argyll, and the...

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