Penicuik Trust Estates Act 1883

Publication Date:January 01, 1883
 
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Penicuik Trust Estates Act 1883

(46 & 47 Vict.) c. 1

An Act to authorise the Trustees under the Settlement of Marriage between Sir George Douglas Clerk, of Penicuik, Bart., and Miss Aymee Elizabeth Georgina Napier, and the said Sir George Douglas Clerk, to sell lands; to pay debts; and for other purposes.

[18th June 1883]

[40 Vict.] Penicuik Trust Estates Act, 1883. [Ch. /.] CHAPTER /. An Act to authorise the Trustees under the Settlement of A-& 1883. Marriage between Sir George Douglas Clerk, of Penicuik, Bart., and Miss Aymee Elizabeth Georgina Napier, and the said Sir George Douglas Clerk, to sell lands; to pay- debts ; and for other purposes. [18th June 1883.] W HEREAS by the Contract of Marriage, dated the thirty-first Contract of day of December, one thousand eight- hundred and seventy- marriag s five, and first day of January, one thousand eight hundred and Decembei seventy-six, and registered in the Divisions of the General Register 1875 and 1st of Sasines, applicable to the Counties of Edinburgh and Peebles f^"7 for publication, and as in the Books of Council and Session for preservation, on the fifteenth day of February, one thousand eight hundred and seventy-six, entered into between Sir George Douglas Clerk, of Penicuik, Baronet, on the one part, and Miss Aymee Elizabeth Georgina Napier, second daughter of Sir Robert John Milliken Napier, of Napier and Milliken, Baronet, with consent of her said father, and the said Sir Robert John Milliken Napier for himself and Dame Anne Salisbury Meliora Napier, wife of the said Sir Robert John Milliken Napier, with consent of her said husband as concurring with and taking burden on him for her on the other part, the said Sir George Douglas Clerk and Miss Aymee Elizabeth Georgina Napier agreed to accept of each other as lawful spouses, and to solemnize their marriage in due form without delay, and in contemplation of the said marriage the said Sir George Douglas Clerk disponed, assigned, conveyed, and made over to himself in life-rent for his life-rent use allenarly, and to the trustees after-mentioned, in fee, namely, to John Clerk, Esquire, One of Her Majesty's Counsel learned in the law, a son of the Right Honourable Sir George Clerk, of Penicuik, Baronet, now deceased, George William Mercer Henderson, Esquire, of Eordell, in the County of Eife, Archibald Lennox Milliken Napier, Esquire, younger, of Milliken, and Archibald Campbell Douglas, Esquire, of [Private.-L] A 1 [Ch. /.] Penicuik Trust Estates Act, 1883. [46 Vict.] A.D. 1883. Mains, and to such other person or persons as should be assumed or appointed by the Trustees or Trustee acting for the time under the said Contract of Marriage, who were thereby authorised to assume or appoint any additional Trustee or Trustees at their discretion, but that only with the consent of the said Sir George Douglas Clerk so long as he should survive, and to the acceptors and survivors or acceptor and survivor of the persons therein named, or to be assumed or appointed as therein mentioned (all of whom or the Trustees or Trustee acting for the time were thereinafter included or referred to under the general designation of " the Trustees "), the majority of the acting Trustees for the time, while there should be more than two, being always a quorum, but in trust for the uses and purposes thereinafter written, and to the assignees of the Trustees, all and whole the lands and estates of Penicuik and Lasswade, and other lands and heritages, in the Counties of Edinburgh and Peebles, being the whole lands and others contained and particularly described in the instrument of Disentail thereof executed by the said Sir George Douglas Clerk, upon the thirtieth day of May, and recorded in the Register of Tailzies the fifth day of November, both in the year one thousand eight hundred and seventy-three; and also recorded in the Divisions of the General Register of Sasines, applicable to the Counties of Edinburgh and Peebles for publication, and also as in the Books of Council and Session for preservation, the twenty-sixth day of February, one thousand eight hundred and seventy-four, but excepting those portions of the said lands and estates which had been taken by the Edinburgh and Peebles, Edinburgh Loanhead and Poslin, and the Penicuik Eailway Companies, together with the whole writs, titles, and vouchers relating to the said heritages, and which lands and estates of Penicuik and Lasswade and other lands and heritages in the said Counties of Edinburgh and Peebles thereinbefore disponed, were thereinafter designated or referred to as " the said Estates," and the said Sir George Douglas Clerk bound himself and his heirs and successors, to grant all further writs and deeds which might be necessary for making the said conveyance complete and effectual, with entry to the said estates at the date of the solemnization of the said then intended marriage: Eut reserving always to the said Sir George Douglas Clerk, during the subsistence of his liferent (without prejudice to any further rights and powers competent by law to him as a life-renter by reservation) the full, absolute and exclusive right of management and administration of the said estates without the consent or concurrence of the Trustees, and in particular reserving to him full power without their consent and concurrence to output and input tenants, and to grant leases of the lands and heritable subjects forming part of 2 [4G Vict.] Penicuik Trust Estates Act, 1883. [Ch. /.] the Trust Estate, and of the game on the said lands, and of any A.D. 1883. mines, metals, and minerals therein, upon such terms and con- ditions, and for payment of such rents or lordships, and for such endurance as he should think proper: As also to grant feu-rights of any part or parts of the said lands to sueh person or persons, and for payment of such feu-duties, and in other respects on such terms and conditions as he should think proper : Provided always, that no grassums or considerations for the said leases or feu-rights hesides or other than the yearly rents or lordships' or feu-duties, with fixed periodical additional sums in the case of feus over and above the feu-duties should he taken from the tenants or feuars in any such leases or feu-rights: As also to grant Precepts or Writs of Clare Constat and Charters of Novodamus to Vassals in any part of the said lands, and to fix, settle, receive and discharge the compositions and casualties payable in respect of any part of the said lands, and to appropriate the same to his own use, as also to thin woods and plantations on the said estates when necessary and proper in the due management of the estates, and to cut down copse wood and also timber when ripe except timber growing in the policy immediately around Penicuik House, at the proper time or times, and to receive the proceeds of such thinning or cutting for his own use : As also, as regards any parts of the said lands which might have been or might thereafter be taken by any Railway Company, to enter into submissions or otherwise arrange with any such Company for the price and compensation to be paid by them for the ground so taken, and to execute Dispositions in favour of such Company and all other writs and deeds necessary, and to receive all such prices and compensations for his own use : And after reciting in the said Contract of Marriage that it might become expedient to sell smalL portions of the said lands for making or widening roads, or similar purposes, or to sell old houses on the said lands with the yards or ground attached thereto for the purpose of avoiding the expense of repairing or re-building them, it was thereby declared that the said Sir George Douglas Clerk should have full power to sell the same and grant Dispositions thereof without the consent of the Trustees, and to appropriate the prices thereof to his own use, provided that the price in each such case should not exceed two hundred pounds sterling : As also reserving to the said Sir George Douglas Clerk full power by himself alone and without the consent of the Trustees to grant provisions out of the said estates in favour of Susan Edith Clerk, Jane Isabella Maria Clerk, and Mary Elizabeth Clerk, his sisters, daughters of the deceased Sir James Clerk of Penicuik, Baronet, or the survivors or survivor of them, in such terms and under such conditions, and to such extent not exceeding in whole the sum of ten thousand pounds as he should think [Oh. /.] Penicuik Trust Estates Act, 1883. [-16 Vict.] A.d. 1883. proper, as also to borrow money upon the security of the said estates in one or more sums to any extent he might think proper not exceeding twenty thousand pounds, for or towards repayment of any expenditure to be made by him in improving the said estates by draining or erecting buildings or fences, laying out a new garden with hot houses, &c. or otherwise with full power to execute all Bonds of Provision and Bonds and Dispositions in Security or other Deeds necessary for fully securing the said provisions or sums borrowed upon the said estates, or some sufficient part thereof, in like manner as he could have done before granting the said Contract of Marriage: Declaring always that lenders should have no concern with the application of the sums to be borrowed from them by the said Sir George Douglas Clerk under these reserved powers: But it was thereby expressly provided and declared that the said Contract of Marriage was granted under burden of the whole existing provisions, debts and securities, which legally affected the said estates, but that the said Sir George Douglas Clerk should be bound during the subsistence of his life-rent, and out of the income accruing tc him as life-renter to pay and keep down the interest of snch debts and of all sums to be borrowed by himself under the powers reserved to him in the said Contract of Marriage, or to be borrowed by the Trustees in the exercise of the powers thereinafter...

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