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(Note:- certain purely formal sections are omitted, while abbreviations are usually expanded).
Banks Jr. & Marjoribanks
At Edinburgh the 8th January 1789 anent* the Petition given in and presented to the Lord Ordinary officiating on the Bill for and in the name of Robert Banks jr. accountant in Stirling Trustee upon the Sequestrated Estate of John Marjoribanks Merchant Dyer in Thornhill showing that the affairs of the said John Marjoribanks having gone into disorder a Sequestration of his Estate real and personal was awarded by the Court under the late Bankrupt Act and the petitioner after the usual procedure was by the Meeting of Creditors held for that purpose chosen Trustee the chronicles (?) with the Petitioners acceptance were duly lodged with the Clerk to the Sequestration, and the usual order placed on the bankrupt, ordaining him to dispone* his real Estate to the Petitioner as trustee for behoof* of the Creditors in terms of the Statute. ....................
(there follows a recitation of the law in case of refusal by the banrupt, finishing) .... the same may be sold and converted into money for payment of the Creditors which adjudication shall have the same effect, as if the bankrupt had executed the Conveyance before mentioned.
That the said John Marjoribanks having been for some time forth of* Scotland the Conveyance had not been executed by him, which renders the present application necessary, for his Lordship issuing a Decree, finding the property of his whole Sequestrated Estate to be vested in the Trustee and Adjudging Decerning* and Declaring the following several (?) subjects FIRST all and whole that acre and one fourth part of an acre of land of the lands of Kings Boquhapple lying at the west end of the town of Thornhill on the north side of the Street thereof within the Barony* of Kings Boquhapple Parish of Kincardine and Stewartry* of Monteath and bounded betwixt the said high Street of Thornhill on the south the common loan* on the west a dyke dividing it from the Bog on the north and part on the East and that half acre feued* out by Alexander Spittal weaver on the rest of the east party with the haill* houses Barn Malt kiln, yard and Dykes erected on said lands and with free ish* and entry to and from the same, Together with the liberty of Quarry Cray,* feal (?) daub (?) and Mortar, for building & upholding the houses yards and dykes built thereupon where the same can most conveniently be spared within the bounds of the lands of the lands of Kings Boquhapple with free ish and entry therdo* for loading the same and for loading of the Peats from the Moss* of Kings Boquhapple upon the Common Cartway to the houses built upon the ground above mentioned and which lands and others were feued and disponed to Samuel Marjoribanks father of the Bankrupt by James Drummond of Blair Drummond and were disponed by the said Samuel to him and comprehending within the boundaries of the said acre and one fourth part of an acre of land all and haill the ground houses barn malt kiln stable and yard as sometime belonging to and possest by the deceased John Marjoribanks feuar* in Thornhill and which were disponed to him by the said Samuel Marjoribanks and afterwards to the Bankrupt together with all right claims of right property and possession that the said John Marjoribanks the Bankrupt had or could pretend to the said subject or any part thereof To pertain & belong to the Petitioner as Trustee forward in terms of the Statute Therefore craving it might please his Lordship to give an Act or Decree finding and adjudging Decerning and Declaring the subjects before mentioned to belong to the Petitioner in terms of the Statute according to justice as the said Petitioner signified by John More his doer* bears along wherewith there was given in an Act dated the 11th of November last ordaining the Bankrupt to convey his Estate to the Petitioner before referred to and upon the date hereof the Lord Ellcock Ordinary officiating ....... in respect that the said John Marjoribanks has for some time past been absent from Scotland and no disposition or conveyance of his Estate has been executed .......... hereby finds and declares the property of the whole sequestrated Estate and effects real and personal belonging to the said John Marjoribanks to be vested in the Petitioner Robert Banks for the benefit of the creditors .......... to the end the same may be sold and the price thereof divided amongst the creditors of the said John Marjoribanks the Bankrupt ..........
(signed) Ja Colquhoun
Anent - concerning Dispone - make over or convey officially or in legal form Behoof - use or benefit Forth of - absent from Decerning - decreeing by judicial sentence Barony - no ref. to peerage, simply a large estate Stewartry - an old territorial division of Scotland under the jurisdiction of a steward Loan - lane or open space for the passage of cattle Feu (etc.) - an estate held by a feuar, originally on condition of homage or service - by the 18th century this "service" was usually nominal. As a verb, to hold or grant in feu. Haill - a variant of whole or all Ish - exit Cray - probably a mistake for clay Therdo - a mistake for thereto Moss - peat-bog Doer - agent.NOTE:- Much of the document is rather confused and the clerk has clearly had difficulty in transcribing his notes (maybe he was drunk!). Some of it, especially the part referring to the successive transfers between Samuel and the two Johns, simply does not make sense, though it is not too difficult to interpret. A few words are partly or completely illegible or appear to be mistakes for something else (e.g. "feal" seems to be written clearly enough but is not in my very comprehensive dictionary - it appears to mean something like "furze.")
The url of this page is
http://Genealogy.Org/~green/Mbanks/1789sequest.htm and
http://millennium.FortuneCity.Com/byker/362/Mbanks/1789sequest.htm
(
http://members.FortuneCity.Com/jgreen/Mbanks/1789sequest.htm)
This page was put on the web 9 May 2002.
This page was Last Updated __.
This page was put on the web by
James W. Green III.