Instrument of Sasine 1809
Instrument of Sasine
30 October, 1809
Jacob Milligan & William Milligan of Meikle Dempsterton
At Dumfries the Twenty fourth day of July one thousand eight hundred and six years in the presence of Thomas Goldie of Craigmurie, Commissiary of the Commissariot of Dumfries, appeared Francis Kirk writer in Dumfries as procurators for Robert Milligan after designed and gave in the Deed of Settlement underwritten which is duly subscribed by him, and written upon paper duly stamped desiring the same might be requested in the Court Books of said Commissiariot, to the effect mentioned in the clause of registration therein contained, which desire the said Commissary finding reasonable, he ordained, and herby ordains the said Deed of Settlement to be registered in the said Court Books to the effect aforesaid; and whereof the tenor follows.
At Dumfries the sixth day of November one thousand eight hundred and nine years, between the hour of eleven and twelve forenoon, the Sasine after inserts was presented by William McCraken writer in Dumfries to be recorded, whereof the tenor follows �in the Name of God Amen� To all and sundry whom it may concern by this present public instrument, Be it known, That upon the Thirtieth day of October, in the year of our Lord, one thousand eight hundred and nine, and of the reign of our Sovereign Lord George the Third of the United Kingdom of Great Britain and Ireland King defender of the faith to the fiftieth year, in presence of me Notary Public and the witnesses subscribing compeared personally upon the ground of the lands after mentioned Jacob Milligan third son of the first marriage of the now deceased Robert Milligan of Meikle Dempstertoun procreated betwixt him and the now deceased Jean McBurnie and William Milligan second son of the said Robert Milligan�s second marriage with Mary Milligan his second spouse having and holding in their hands:
An Extract of a Disposition made and granted by the said Robert Milligan to and in favour of the said Jacob Milligan and William Milligan bearing date the eleventh day of January one thousand seven hundred and ninety eight years and registered in the Commissary Court Books of Dumfries, on the twenty fourth day of July one thousand eight hundred and six whereby for the causes therein expressed he gave granted and disponed from his heirs and successors to and in favour of the said Jacob Milligan and William Milligan equally betwixt them share and share alike their heirs, successors or disponees absolutely and irredeemably all and whole his ten Shilling land of Meikle Dempstertoun, with the houses biggings yeards orchards moss mains meadows common pasturage and hail parts pendicles and pertinents of the same lying within the parish of Dunscore and Sheriffdom of Dumfries, with all right title and interest claim of right property and position territory and possessory: which he or his authors or predecessors had or could claim or pretend thereto In which passes and (end of page 2) others thereby disposed the said Robert Milligan bound and obliged himself to infeft and leave the said Jacob Milligan and William Milligan equally betwixt them and this foresaid heritably and irredeemably upon their proper charges and expenses, and that by two several infeftments or manners of holding therein mentioned as the said Disposition containing therein a procuratory of resignation, a clause of absolute warrandice an assignation not only in and to the rents, mails and duties of the lands above disponed, but also in and to the writs evident, and title deeds thereof, a clause declaring that the said Jacob Milligan and William Milligan should be bound and obliged to make payment to Helen Milligan his youngest Daughter of the first marriage of the sum of ten pounds sterling, one year after his decease, with interest thereafter tice paid; and also to make payment to each of James Milligan, Thomas Milligan and Jean Milligan his Children of the second marriage of the sum of twenty pounds sterling, and that one year after the decease of him and the said Mary Milligan his Spouse, a clause surviving his own liferent rights and use of the whole premises, and the liferent right to use of the half of the said Ten Shilling land of Meikle Dempstertoun disponed to the said William Milligan to Mary Milligan to his spouse during all the days of her life, and that in lieu of the sum of five pounds sterling, yearly provided to her in her contract of marriage the precept of Sasine after insert, and sundry other clauses, which in itself (end of page 3) morefully bears -
Which Extract Disposition the said Jacob Milligan and William Milligan the one after the other Exhibits and presented to James Dunbar tenant of Broadwill as Baily in that part specially constituted to that effect under written by the said precept of Sasine desiring and requiring him in implement thereof, and of the office of Bailiary thereby committed to him to infeft and leave the said Jacob Milligan and William Milligan in the lands above described Which Desire the said James Dunbar Baily foresaid finding reasonable, received the said disposition into his hands and delivered the same to me the said Notary Public to be read and published to and in presence and audience of the said witnesses, which I accordingly, did, and of which precept of Sasine the tenor follows �allows to the affect the said Jacob Milligan and William Milligan and their feusaids may be infeft and leased in the lands and others above disponed, I hereby desire and require you ..... and each of you my Bailies in that part hereby specially constituted, that in sight hereof ye pass to the ground of the said lands and then give and deliver to the said Jacob Milligan and William Milligan equally betwixt them or to their feusaids heritable state and sasine, real actual and Corporal procession of All and whole the Ten Shilling lands of Meikle Dempstertoun, with the houses, biggings, yeards, orchard, mosses, mains, meadows, common pasturage and hail pendicles and pertinents of the same as before disponed lying as before said and that by delivery to the said Jacob Milligan and William Milligan (end of page 4) Milligan or their favour or their certain attorney or their name leasess hereof of a little earth and stone of the ground of the said lands and other symbols necessary (but alive with and under the provisions declarations and liferent particularly before specified) and this on noways, ye leave undone, which to do I commit to you jointly and severally my full power by this my precept of Sasine deeded to you for that effect. In witness whereof these presents consisting of this and the three proceeding pages written on stamped paper by William McCracken witness Dumfries as subscribed by me on each page at Dumfries the Eleventh day of January one thousand seven hundred and ninety eight years before these witnesses Robert Milligan of Nithbank and the said William McCraken Signed Robert Milligan, Robert Milligan witness, William McCraken witness,
Extracted upon this and the seven preceeding pages by (Sam Clark After over reading and publishing of which Disposition and precept of Sasine above insert by me the said Notary public to and in presence and audience of the said witness, the said James Dunbar Bailie foresaid invested of the powers committed to him by the said precept of Sasine given and delivered to the said Jacob Milligan and William Milligan equally betwixt them heritable state and sasine, with real actual and corporal possession of All and Whole, the said ten Shilling land of Meikle Dempstertoun, with the Houses, Biggings, yeards, orchards, mosses, mains, meadows, (end of page 5) Common pasturage and hail parts, pendicles and pertinents of the same lying as described as foresaid, and that by delivering to each of the said Jacob Milligan and William Milligan a little earth and stone of the ground of the said lands after the form and tenor of the said disposition and precept of Sasine in all points, but alwise with and under the provisions declarations and liferent particularly before specified Whereupon and upon All and Sundry the premises the said Jacob Milligan and William Milligan and each of them asked required and took instruments in the hands of me the said Notary public these things were so acted said and done at and upon the ground of the said lands betwixt the hours of twelve o�clock at noon, and one o�clock in the afternoon of the day month year of our Lord and Kings reign respectively first above written, In presence of Thomas Reid Cabinetmaker and merchant in Dumfries and William Stewart Chaise driver there witnesses to the promises which are written on this and the three preceeding pages of stamped Vellum specially called and required and hereto subscribing with me (followed the notary, Gulielmus McCraken�s official clause of authentication in Latin (end of page 6) and continued in page 7 there ending).
Registered by William McCraken, notary
Thomas Reid witness
William Stewart witness
[Transcribed by Sandra Mulcock and edited by Alan Milliken]
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