Pullar Mortification 1811-1859 Minute Book - Nine Trades of Dundee

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the legal interest of the said ground Annual from and after the respective terms of payment of the same during the non payment. And further I do hereby as only Surviving Trustee foresaid Alienate and dispone to my said disponees and their foresaids in trust as aforesaid heritably but with and under the Conditions aftermentioned the foresaid several Ground Annuals of ten pounds payable by the said William Hen out of the subjects deponed to him as aforesaid, the like sum of ten pounds payable by the Directors of the said East of Scotland Life Assurance Company out of the subjects disponed to the trustees for the said Company as aforesaid. And the sum of twenty pounds which was to be made payable out of the said subjects sold to the said John Shiell and David Small as trustees foresaid with the Dispos. of the said subjects or Contracts relating thereto in so far as regards the said ground Annuals hereby disponed. The Declaring that the foresaid Subjects are hereby disponed with and under the conditions, provisions and declarations contained in a Contract and Disposition entered into between the Magistrates and Town Council of Dundee, with consent of the trustees therein mentioned proprietors of the foresaid pieces of Ground on the one part and the Granters of the said Bond on the Other Part of dates thirty first May, and Eleventh, fourteenth and Seventeenth days of June, Eighteen hundred and forty five And recorded in the Burgh Court Books of Dundee, on the 26 day of July in year last mentioned upon which the Granters of the said Bond were duly infeft conform to Instrument of Sasine in their favour dated the Eighth recorded in the Register of Sasines in the Burgh of Dundee the sixteenth day of July Eighteen hundred and forty five And special reference is here made to the said Contract and Disposition of the said Infeftment thereon of the dates and recorded aforesaid, as containing the said Conditions provisions & Declaration which are declared to subsist and be obligatory upon the heirs singular successors and assignees of the said Granters and all others concerned particularly declaring that the said Contract was granted always under the real preferable burden of forty pounds Stg. of Ground Annual, or yearly payment out of said Lot both house therein and privileges and pertinants thereof, And of four pounds Stg. of ground Annual or yearly payment our of the said portion or Lot, in Bank Street houses therein and privileges and pertinants thereof together with Interest and penalty as therein And aftermentioned which the said Granters of the said Bond by the said Contract bound themselves to pay in manner therein and herein after mentd. to the therein named and disponed trustees acting under a Disposition in Security granted by the Magistrates and Town Council of Dundee for behoof of the Creditors of said Burgh & to the survivors and survivor of them and to each person or persons as might be assumed into the said Trust or their factor or assignees and these in their names having right to receive the same of the foresaid sum of Forty pounds and five pounds Stg. in name of Ground Annuals or yearly payments for said several subjects and that at the terms of Whity and Martinmas in such year by equal Instalments in all time coming with a fifth part more of such terms payment of such Ground Annuals of liquidate penalty for each term failure in the punctual payment thereof and the legal interest of the said ground Annual from and after the term of payment thereof during the non-payment of the same & Declaring that if at any time two full years ground Annual of said subjects shall be fully resting and unpaid then the said Contracts and Infeftment therein should in the option of the said Magistrates and Town council and their foresaids become void shall in like manner as if the said contract had never entered into without the necessity of any Declarator or process of Law to that effect, And the said Magistrates and Town Council and their presents as said Trustees should instantly be at liberty to remove the granters of the said Bond and their foresaids from the subjects the ground Annuals of which shall have so fallen in arrears and it should not be competent to place the initiancy at the Bar in any Process of Removing which the said Magistrates and Council and foresaids might bring agt. them and their foresaids but notwithstanding the said irritancy it should be lawful to the said Magistrates and Council and their foresaids or said trustees in case of not punctual payment of such Ground Annuals at the stipulated terms of payment thereof to remain effectual their hypothe thereof as accords of Law and to found and distrain as much of the residues of goods and effects for the time being on said subjects for payment of said Ground Annuals as they should fail. And all bygones thereof and of the Annual rent & penalty incurred their failure as aforesaid to otherwise to pursue therefor according to Law; which respective Annual payments or Ground Annuals of forty pounds and five pounds payable out of the said several Subjects interest thereof and liquidate penalty And the Declaration relative thereto therein and herein above invested thereby expressly declared to form real and preferable burdens on and affecting the said subjects houses built therein and privileges pertinants thereby disponed: 16
And which ground Annuals interest and penalties and said declaration relative thereto are accordingly appointed to be specially ingrossed therein and in all the future Infeftments and investitures of said subjects & privileges and pertinants thereof or any part thereof under the pain of nullity ipso facto all as specified and described in the said Bonds And Dispn. under Reversion and Instrument of Sasine therein dated the twelfth day of February Eighteen hundred and forty six and recorded in the Regt. of Sasines &c for the Burgh of Dundee, the seventeenth day of the said Month and year Declaring always as it is hereby provided and declared that notwithstanding of the assignation aforesaid to and in favour if the said Kirk Session of Dundee and of the said Convener and Boxmaster of the said Nine Incorporated Trades in name of the General fund thereof of the foresaid Bond and Dispn. under reversion that the same is not on that acct. to be held by these bodies for their own use respectively but for the use and behoof of the before mentioned new Trustees and Patrons now Empowered to Act under the said deceased James Pullar’s Trust Dispn. and Deed of Settlement aforesaid and their successors in Office and shall be under the entire management and administration of them as Trustees and Patrons foresaid and their successors and the same contained in the said Deed and Disposition under reversion together with the other funds of the said Trust shall be administered and applied by the said new bodies, and Patrons and their foresaids in terms of the said James Pullar’s Trust and Settlement for the uses and purposes following, that is to say, for payment of the following Annuities Vizt: To the Dundee Infirmary ten pounds Stg. to the Poor of the Nine Trades in Dundee Five pounds Stg. to the Kirk Session Dundee for behoof of the Poor there of five pounds Stg. which last Annuity shall be give at the door of the Old Church on the first Sunday of each year by the deacon of the Baker Trade in Dundee and after answer by these Annuities the one half of the yearly surplus shall be applied in towards maintaining and Educating ten poor boys who must not be admitted under six years of age nor continue longer in the fund than six years and the other half of the Interest to be distributed among ten poor old men and women not below sixty years if age - such boys and Paupers of the name of Pullar and particularly those who can have their pedigree from John Pullar, farmer in the Miln of Haughmuir, father of the said trustee to be preferred All and Declaring further that the said Kirk Session and the said Convener and Boxmaster of the General fund of the Nine Trades for behoof thereof my assignees as aforesaid shall be Council and obliged as by acceptation hereof they bind and oblige themselves and their successors if Office to Divide and Divest themselves of the foresaid Bond and thereafter under reservation before applied when reqd to do so by the said new Trustees & Patrons before mentioned and their successors in Office And to Grant assignations thereof in favour of such party or parties as they may nominate for that purpose or to grant discharges thereof they being always freed of any defence of any such assignation or discharge. In Witness whereof I have subscribed these presents written upon this & the nine preceding pages on stamped paper together with the marginal note on page 4 th . William Black, Clerk to Thomas Lovell Hammond Writer in Dundee at Dundee the 15 th day of Decr in the year 1846 before these Witnesses George Robertson Wilson & Alex Robertson, both Appces to James and John Ogilvie Writers in Dundee (Signed) Jas. Ogilvie G. R. Wilson Witness Alexr. Robertson Witness Copy a ssignation by James Ogilvie Writer Dundee In favour of the Kirk Session of Dundee and General fund of the nine trades there for behoof of the Trustees on Pullars Mortification of Bond by John Peter Esqr in favour of the said Trustees. James Ogilvie Writer in Dundee sole surviving original Trustee nominated and Appointed by the deceased James Pullar former Baker in Dundee conform to Trust Disposition and Deed of Settlement executed by the said James Pullar with consent of Mrs Elizabeth Crawfurd or Pullar his Spouse dated the fifteenth day of November Eighteen hundred and four and recorded in the Books of Council and Session the sixteenth day of October Eighteen hundred and eleven. Considering (here the same narrative was inserted as in the preceding Copy Assignations from “A” to “B”) 17
Page 1 and 2: Pullar Mortification 1811-1859 Minu
Page 3 and 4: I James Pullar Baker in Dundee with
Page 5 and 6: Estate but which purchasers or Debt
Page 7 and 8: 9no Dividend due from the Dundee &
Page 9 and 10: from the said term of payment yearl
Page 11 and 12: 5983. 5. 0 Note by Innes Duffus £5
Page 13 and 14: Alexr. Keay, Session Clerk Extracte
Page 15: the said several parties respective
Page 19 and 20: several subjects or any part thereo
Page 21 and 22: That the said Trustees should upon
Page 23 and 24: Adamson, The Revd. John Tulloch, th
Page 25 and 26: There was laid before the Trustees
Page 27: Sir Copy Letter referred to in the

Pullar Mortification 1811-1859 Minute Book - Nine Trades of Dundee

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