Vesting part of the estate of Skibo (Sutherland) in trustees, for sale, and borrowing a further sum, for certain purposes Act 1836

Publication Date:January 01, 1836
 
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Vesting part of the estate of Skibo (Sutherland) in trustees, for sale, and borrowing a further sum, for certain purposes Act 1836

(6 & 7 Will. 4) c. 27

An Act to vest Part of the Entailed Estate of Skibo and others in the County of Sutherland in Trustees in Fee Simple, for Sale, and to raise a further Sum of Money by Loan, for the several Purposes therein mentioned.

[28th July 1836]

ANNO SEXTO & SEPTIMO GULIELMI IV. REGIS. *******##********?************************ ********* Cap. 27. An Act to vest Part of the Entailed Estate of Skibo and others in the County of Sutherland in Trustees in Fee Simple, for Sale, and to raise a further Sum of Money by Loan, for the several Purposes therein mentioned. [28th July 1836.] W HEREAS John Hamilton Dempster, late of Pulrossie in the County of Sutherland, Esquire, deceased, by a Deed of Entail in the Scottish Form, bearing Date the Fifteenth Day of October in the Year of our Lord One thousand seven hundred and ninety. nine, and which was afterwards recorded in the Register of Taillies on the Sixteenth Day of November in the Year of our Lord One thousand eight hundred and two, and in the Books of Council and Session in Scotland on the Second Day of December One thousand eight hundred and two, gave, granted, and disponed, but with and under the Conditions, Provisions, Restrictions, Limitations, Prohibitions, Clauses irritant and resolutive, Declarations, and Reservations therein-after written, to himself, and failing him to George Dempster, only lawful Son procreated between him and the deceased Mrs. Jane Ferguson his Spouse, and the Heirs whatsoever of his Body ; whom failing, to the lawful Son or Sons to be procreated by him in any future Marriage, successively in Order, according to their Seniorities, and the Heirs whatsoever of their Bodies resepctively ; whom failing, to the Daughter or Daughters to be procreated by him in any future Marriage, successively in Order, according to their Seniorities, [Private.'] n fc and Deed of Entail by John Hamilton Dempster, Esq., dated 15th Oct. 1799, registered 16th Nov. 1802. 590 6 & 7 GULIELMI IV. Cap.27. and the Heirs whatsoever of their Bodies respectively'; whom failing, to Harriet Dempster, formerly called Harriet Milton, his natural Daughter, and the Heirs whatsoever of her Body ; whom failing, to Mrs. Helen Dempster otherwise Burrington his Sister, Widow of the deceased Colonel George Burrington, late in the Service of the Honourable East India Company, and the Heirs whatsoever of her Body ; whom failing, to Miss Ann Dempster, also his Sister, and the Heirs whatsoever of her Body ; whom failing to the Heirs whatsoever procreated of the Body of the deceased Mrs. Agnes Dempster otherwise Gordon, also his Sister, Spouse of Thomas Gordon Esquire, of Balmaghie; whom failing, to the Heirs whatsoever procreated of the Body of the deceased Mrs. Elizabeth Dempster otherwise Read, also his Sister, late Spouse to David Read, sometime of Drumgight; whom all failing, to his own nearest Heirs or Assignees whatsoever; the eldest Daughter or Heir or Heir Female, and the Descendants of her Body, always excluding Heirs Portioners, and succeeding without Division throughout the whole Course of Succession, as well of Heirs whatsoever as of Heirs of Provision, so oft as the same should descend to Females, and the Daughter of the Heir who should happen to be last in Possession of the Lands and Estates therein-after described (whether such Heir was served Heir of Taillie or not) succeeding always preferably to the Daughter of any former Heir, so oft as the Succession through the whole Course thereof should devolve upon Daughters, which he thereby declared to be his true Meaning, notwithstanding of the aforesaid Destination of Heirs whatsoever; all and whole the Lands, Castles, Towers, Fortalices, Manor Places, Mills, Woods, Fishings, and others respectively particularly under written ; videlicet, all and whole the Lands of Skibo Castle, called the Mains of Skiboll, with the Castle or Fortalicc and Brewery of the same, with the Houses, Biggings, Yards, Orchards, Annexis, Connexis, Pans, Pendicles, and universal Pertinents lying within the Earldom of Sutherland, and formerly in the Sheriffdom of Inverness, now in the Sheriffdom of Sutherland; and also with the Office of Hereditary Constable of said Castle of Skibo, in so far as not abolished by Law, and with all Stipends or Salaries, Profits, Privileges, Emoluments, and Duties formerly pertaining to the said Office, particularly the Sum of Sixteen Pounds Two Shillings Scots Money as Feu Duty and Augmentations of the same, formerly payable out of the said Lands to the Bishops of Caithness, and by the said Bishops disponed as a Salary or Stipend for keeping the said Castle of Sktbo; and also all and whole the Lands and others under written which were erected into one whole and free Barony, then and in all Time coming to be called the Barony of Skibo, conform to a Charter thereof under the Great Seal in favour of Robert Gray of Sordell, in Life-rent, and Robert Gray his eldest Son, in Fee, dated the Sixth Day of April One thousand six hundred and forty-nine Years, and Precept from the Chancery of same Date; videlicet, the One Davoch or Sixpenny Lands of Meik/e Swardall, with the cultivated and manured Crofts of the same called Tulloch Rheingottan and Reinreich, with all and sundiy Pertinents and Privileges of the same whatsoever; with another Davoch or Sixpenny Lands of Migdail, with Mills of the same, and cultivated and manured Crofts, videlicet, Rheininrean and Culnara, with the Houses, Biggings, Parts, Pendicles, and Pertinents of the same whatsoever; moreover all and whole the Three Davoch or Sixpenny Lands of Little Creech, with its Pendicle called Little Swardall, with the Brewery and Salmon Fishing of Bonar, and with all other i Fishings, 6&7GULIELMI IV. Cap.27. Fishings, as well of Salmon as other Fishes, in Salt or Fresh Waters adjoining to the aforesaid Lands of Little Creech and Little Swardall, with the Pertinents, with Power and Liberty to himself and the said George Dempster, and the other Heirs of Tailzie above written, of fishing and taking Fish in the said Waters with Boats, Nets, Hooks, and other lawful Engines and Instruments whatsoever; and moreover all and whole the Four Davoch or Sixpenny Lands of Cutbill, Cutbill Deal, or Deal Ulistie, with their Pertinents called Stamfoord Newlands alias Balblair, with all and singular Annexis, Connexis, Outsets, Parts, Pendicles, and Pertinents of the aforesaid Lands, and with the Brewery of Cutbill and Brewery Lands of the same, and with the special Privilege, Power, and Liberty to himself, and the said George Dempster his Son, and the other Heirs of Tailzie above written, of cutting, collecting, and transporting the Sea Weed called Ware, for dunging and improving their Lands what-soever, and generally with the Privilege of Wrack and Ware on the Seashore and all Parts adjoining to the same, and with free Ish and Entry, and with Fishings as well of Salmon as of other Fishes, and as well in Fresh as in Salt Waters belonging to the foresaid Lands of Cutbill, and also with Power to himself and the said George Dempster his Son, and the other Heirs of Tailzie above written, of fishing and taking Fishes with Boats, Nets, Hooks, and other lawful Engines whatsoever, and also with full Power, Liberty, and Privilege to himself and the said George Dempster his Son, and the other Heirs of Tailzie above written, and to their Tenants and Possessors of the aforesaid Lands, present and to come, of digging, winning, and transporting Turfs and Clods, Peats, Turfs, Feal, and Divot in and from the Muirs and Marshes of Dornoch, and with Conunonty and Common Pasturage in the aforesaid Muirs, Marshes, and all Parts of the same, with free Ish and Entry in and to the said Lands with the Pertinents, and with all and singular Annexis, Connexis, Grazings, Shealings, Outsets, Part?, Pendicles, and universal Pertinents of all and singular the aforesaid Lands, Mills, Fishings, and others, as well generally as specially, respectively above written whatsoever, all lying in the Diocese of Caithness, formerly in the Sheriffdom of Inverness, and now in the Sheriffdom of Sutherland; as also all and whole those Parts and Portions of the Lands and Estate of Over Skibo lying in the Parish of Dornoch and Shire of Sutherland, and closely adjacent to the Mansion House of Skibo ; videlicet, that Field called the Dovecot Park, lying to the North-west of the said Man? sion House, and that Piece of Ground called Croft Gilbert, and Plantation of hard Timber, thereon lying immediately to the West of the Yellow Yard or Orchard of Skibo, and which Dovecot Park is bounded by Stone Walls on all Sides, and the Piece of Ground called Croft Gilbert and Plantation thereon is bounded by a Stone Wall on the North and East, and by a Ditch and Mud Dyke on the West, and that Inlet from the Firth of Dornoch called Polybewrick on the South, which Lands were disponed by him to George Dempster Esquire, of Dunnichen, in Excambion for certain Portions of the Estate cf Skibo disponed by him to the said John Hamilton Dempster, conform to Contract of Excambion entered into between them, dated the Thirtieth Day of November One thousand seven hundred and ninety-six, and registered in the Commissary Court Books of Edinburgh the Seventh Day of February One thousand seven hundred and ninety-seven, and to which Lands and others he had then again Right by virtue of a Disposition granted by the said George Dempster Esquire in his Favour, dated the Ninth Day of October One thousand seven hundred and ninety-nine 592 6&7GULIELMI IV. Cap. 27. ninety-nine Years; as also all and whole the Towns and Lands of Alustie, Ardahies, Alvaich, and Ferryton, with the Passages and Ferry Boat on the Shore of Portna Culter, with the Salmon Fishings on the Water of Palchurick, Ferryan, and Ardnakolkie ,zv\d with the Northmost Mill of...

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