Penicuik Trust Estates Act 1883
| Jurisdiction | UK Non-devolved |
| Citation | 1883 c. 1 |
[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 sur-
vivors 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 ex-
cepting 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 therein-
before 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 solemniza-
tion of the said then intended marriage: Eut reserving always to the
said Sir George Douglas Clerk, during the subsistence of his life-
rent (without prejudice to any further rights and powers com-
petent 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 com-
pensations 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
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