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<ETS>
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<DATE>2010-06-02</DATE>
<RESPSTMT>
<NAME>Pip Willcox</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch Z100511.pdcc.</ITEM>
</CHANGE>
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<EEBO>
<IDG S="marc" R="OX" ID="B06340">
<STC T="W">T757</STC>
<BIBNO T="oclc">52529327</BIBNO>
<VID>179132</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="terms of disposition">
<PB REF="1" MS="y">
<HEAD>TERMS of Depo&s;itation of the Di&s;po&s;ition by
<HI>Mochrum</HI> to <HI>Greenock.</HI></HEAD>
<P>_AT <HI>Edinburgh</HI> the fifteenth Day of <HI>December</HI> One thou&s;and six hundred and eighty &s;even Years, THE WHILK Day there was &s;ub&s;crived be Mrs. <HI>I&s;abel Nicol&s;on,</HI> one of the three Heirs Portioners &s;erved and re|toured in &s;pecial to the decea&s;t <HI>Thomas</HI> Lord <HI>Napier,</HI> &s;ometime de|&s;igned Sir <HI>Thomas Nicol&s;on</HI> of
<HI>Carnock,</HI> Spou&s;e to <HI>James Dunbar</HI> of <HI>Mochrum,</HI> with Con&s;ent of her &s;aid Husband, and he for him&s;elf, and as taking Burden upon him for his &s;aid Spou&s;e, and be them both with an mutual Advi&s;e, Con&s;ent and A&s;&s;ent, an Di&s;po&s;ition of the &s;aid Mrs.
<HI>I&s;abel</HI> her third Part of the Lands and Barony of <HI>Carnock</HI> and <HI>Plain,</HI> and others contained in the &s;aid Di&s;po&s;ition in Favours of <GAP DESC="blank"> and of his Heirs therein men|tioned, and which Di&s;po&s;ition is depo&s;itate be the &s;aid Mrs. <HI>I&s;abel</HI> and her &s;aid Husband in the Hands of Mr. <HI>Hew Dalrymple</HI> Advocate, upon the Terms and Con|ditions underwritten, <HI>viz.</HI> That whereas the Di&s;po&s;ition is granted to the &s;aid blank Per&s;on, it is communed and agreed upon, that the fore&s;aid blank Di&s;po&s;ition is to the Behoof of Sir
<HI>John Schaw</HI> of <HI>Greenock,</HI> and is to be delivered to the &s;aid Sir <HI>John,</HI> upon his Payment of the Price, or giving Security for the &s;ame in Man|ner underwritten, <HI>viz.</HI> at the Rate of eighteen Years Purcha&s;e for the Stock of the &s;aid Lands, both Victual and Money-rent, accompting the Victual ninety Pounds the Chalder Over-head, conform to a Rental &s;ub&s;crived by the Di&s;poners, and likewi&s;e depo&s;i|tate: And if it appear, that any Thing is &s;tated in that Rental which is not due, or pre&s;ently payable be the Tenants of the &s;aid Lands, the &s;ame is to be deduced from the Price, or if any Thing be omitted out of the Rental which is due, and payable out of the Lands di&s;poned, the Receiver of the Di&s;po&s;ition is to pay for the &s;ame at the Rate fore&s;aid, declaring, That albeit the Mea&s;ure of the Barony be greater than that of the Shire of
<HI>Stirling,</HI> yet there is no Addition to be made to the Ren|tal on that Account, nor are the Poultry or Kain valued by the Communing. AND in Regard, it is yet unclear, what Right the &s;aid Di&s;poners have to the Teinds of the Lands di&s;poned, whether the &s;ame be heritable, long or &s;hort Tacks; therefore it is declared, That the Price of the &s;aid Teinds &s;hall be according to the Di&s;poner's Right thereto, and the &s;amen to be determined by Mr. <HI>William Hamil|toun</HI> and Mr. <HI>Hew Dalrymple</HI> Advocates, and in Ca&s;e of Variance betwixt them be Sir <HI>John Dalrymple</HI> his Maje&s;ty's Advocate as Over&s;man, to whom the Di&s;|poners do ab&s;olutely &s;ubmit, and refer them&s;elves after the Con&s;ideration of the Rights. AS LIKEWISE the &s;aid Sir <HI>John Schaw,</HI> by accepting, receiving or u&s;ing of the fore&s;aid Di&s;po&s;ition, obliges him to obtemper and fulfil the &s;ame, and &s;ub|&s;crive a Double of thir pre&s;ent Terms of Depo&s;itation, and is to pay or grant Secu|rity for the<GAP DESC="illegible" RESP="pdcc" EXTENT="1 letter">fore&s;aid Price, betwixt and the fir&s;t Day of <HI>March</HI> next to come, other|wi&s;e the fore&s;aid Di&s;po&s;ition is hereby declared null. AND the &s;aid Mrs. <HI>I&s;abel Nicol&s;on</HI> and her &s;aid Husband receiving the &s;aid Security, the &s;aid Dispo&s;ition is to be delivered up to the &s;aid Sir <HI>John</HI> with the Rental, and Terms of Depo&s;itati|on, to be be him u&s;ed at his Plea&s;ure, which Terms of Depo&s;itation are to be cancelled be the &s;aid Sir <HI>John;</HI> DECLARING likewi&s;e, that the Subjects &s;et to the Lord <HI>Elphing&s;toun</HI> is not to be counted a Part of the Rental, according to the pre&s;ent Tack-duty, but the true intrin&s;ick Worth thereof, as it may be &s;et to other Tenants, is to be determined be his Maje&s;ty's Advocate, or otherwi&s;e the Sellers are to ex|cept the &s;ame out of their Bargain in their Option. In Witne&s;s whereof, written by <HI>William Wil&s;on,</HI> Servitor to <HI>James Hamilton</HI> Writer to his Maje&s;ty's Signet, the &s;aid <HI>James Dunbar</HI> of <HI>Mochrum,</HI> and the &s;aid Mr. <HI>Hew Dalrymple,</HI> have &s;ub|&s;crived thir Pre&s;ents with their Hands, Day and Place above-written, before the&s;e Witne&s;&s;es, the &s;aid
<HI>James Hamilton</HI> and <HI>William Wil&s;on</HI> his Servant. AND it is hereby declared, that the &s;aid Mrs. <HI>I&s;abel Nicol&s;on</HI> has not yet &s;ub&s;crived the &s;aid Di&s;po&s;ition, but only the &s;aid <HI>James Dunbar.</HI> Sic &s;ubt. <HI>Ja. Dunbar, Hew Dal|rymple; Ja. Hamilton</HI> Witne&s;s, <HI>Wm. Wil&s;on</HI> Witne&s;s.</P>
<DIV2 TYPE="copy of prorogation">
<HEAD>Follows the Copy of the Prorogation of the &s;aid Terms of Depo&s;itation &s;igned by <HI>Mo|chrum</HI> and his Lady.</HEAD>
<P>AT <HI>Mochrum</HI> the fifth Day of <HI>April</HI> One thou&s;and &s;ix hundred and eighty eight Years, conform to the Terms of Depo&s;itation in the Hands of Mr. <HI>Wil|liam Hamilton</HI> and Mr. <HI>Hew Dalrymple,</HI> of Date the fifteenth <HI>December</HI> One thou|&s;and &s;ix hundred and eighty &s;even, and the Prorogation granted by Mr. <HI>Hew Dal|rymple</HI> the twenty fifth <HI>February</HI> One thou&s;and &s;ix hundred and eighty eight, I <HI>James Dunbar</HI> of <HI>Mochrum</HI> do by thir Pre&s;ents prorogue and continue the fore&s;aid Terms to the fifteenth Day of
<HI>June</HI> next, in all Articles and Clau&s;es contained in the fore&s;aid Depo&s;itation, as Witne&s;s this my Hand, Day, Year and Place fore&s;aid, written and &s;ub&s;crived by me, before thir Witne&s;&s;es, <HI>John Stewart</HI> of <HI>Living&s;toun</HI> younger, and <HI>Thomas Stewart</HI> of
<HI>Finteloch.</HI></P>
<CLOSER><SIGNED><LIST>
<ITEM>JA. DUNBAR.</ITEM>
<ITEM>JO. STEWART <HI>Wit.</HI></ITEM>
<ITEM>J. STEWART <HI>Wit.</HI></ITEM>
</LIST> </SIGNED> I con&s;ent to the above-written Prorogation and Articles
<SIGNED>J. NICOLSON.</SIGNED></CLOSER>
</DIV2>
</DIV1>
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