1. PAULM594 ASSIGNATION BY SIR JAMES SUTHERLAND MACKENZIE BT TO JOSEPH WILIAM FORBES ESQ EDINBURGH 5TH SEPTEMBER
1851
I SIR JAMES SUTHERLAND MACKENZIE OF TARBAT BARONET PRESENTLY RESIDING IN LONDON CONSIDERING THAT I AM INDEBTED
TO JOSEPH WILLAIM FORBES ESQUIRE PRESENTLY RESIDING AT HARTFIELD COTTAGE NEAR TAIN IN THE SUM OF SIX HUNDRED AND
SIXTY POUNDS STERLING AS CONTAINED IN MY PROMISSORY NOTE TO HIM OF EQUAL DATE WITH THESE PRESENTS AND PAYABLE
TWELVE MONTHS AFTER DATE AND ALSO CONSIDERING THAT AS A CONDITION OF THE SAID JOSEPH WILLIAM FORBES ADVANCING
THE FORESAID SUM TO ME IT WAS AGREED THAT I SHOULD GRANT TO HIM THE ASSIGNATION UNDER WRITTEN THEREFOR AND FOR
THE SAID JOSEPH FORBES HIS FARTHER SECURITY OF THE PAYMENT OF THE FORESAID SUM OF SIX HUNDRED AND SIXTY POUNDS
STERLING AND INTEREST THEREON AND EXPENCES AS AFTER STATED THEREBY MAKE AND CONSTITUTE THE SAID JOSEPH WILLIAM
FORBES AND HIS HEIRS EXECUTORS OR ASSIGNEES MY LAWFUL SESSIONERS AND ASSIGNES NOT ONLY IN AND TO THE SUM OF
THREE THOUSAND THREE HUNDRED AND NINTEEN POUNDS AND FIVE PENCE ONE THIRD OF A PENNY STERLING CONTAINED IN A
BOND DATED THE NINETEENTH DAY OF FEBRUARY AND EIGHTEENTH DAY OF MARCH BOTH IN THE YEAR EIGHTEEN HUNDRED AND
THIRTY FIVE GRANTED BY JOHN HAY MACKENZIE OF CROMARTY ESQUIRE ONLY SON OF THE HONOURABLE MRS MARIA MURRAY HAY
MACKENZIE AND THE SAID MRS MARIA MURRAY HAY MACKENZIE TO THE DECEASED SIR ALEXANDER MACKENZIE OF TARBAT
BARONET MY FATHER WHOMFAILING TO THE PARTIES THEREIN MENTIONED AND TO WHICH I HAVE NOW THE RIGHT AND TO THE
INTEREST DUE OR THAT MAY BECOME DUE THEREON FROM AND AFTER THE TERM OF WHITSUNDAY LAST WITH LIQUIDATE PENALTY
AND TERMLY FAILURES THEREIN SPECIFIED AND ALSO IN AND TO THE SUM OF ONE THOUSAND AND FIFTY POUNDS STERLING
CONTAINED IN AND DUE BY A BILL DRAWN BY JOSEPH GORDON WRITER TO THE SIGNET AND ALEXANDER STUART WRITER IN
EDINBURGH FOR BEHOOF OF ME AND THE HEIRS SUCCEDING TO ME AS THEREIN STATED UPON AND ACCEPTED BY MESSIEURS
J.R.BOWINE AND COMPANY PEAK ALUM WORKS THOMAS RYMER BOWINE ESQUIRE AND CHARLES LIDDEL ESQUIRE NEAR WHITBY
CONJUNCTLY AND SEVERALLY WHICH BI IS DATED THE TWELVE DAY OF MAY EIGHTEEN HUNDRED AND FORTY SEVEN AND IS
PAYABLE TWELVE MONTHS AFTER DATE BUT ALSO IN AND TO THE SAID BOND AND BILL THEMSELVES WHOLE TENOR AND CONTENTS
THEREOF WITH ALL THAT BHAS FOLLOWED OR IS COMPETENT TO FOLLOW THEREON SURROGATING AND SUBSTITUTING THE SAID
JOSEPH WILLIAM FORBES AND HIS FORESAIDS IN MY FULL RIGHT AND PLACE OF THE PREMISES WITH FULL POWER TO HIM AND
THEM TO DEMAND SUE FOR AND RECOVER PAYMENT OF THE SUMS THEREBY DUE TO GRANT RECEIPTS AND DISCHARGE WHICH SHAL
BE SUFFICIENT TO THE RECEIVER AND ASSIGNATIONS TRANSLATIONS AND CONVEYANCES OF THE SAID BOND AND BILL ON PAYMENT
THEREOF BEING RESPECTIVELY MADE AND GENERALLY TO DO EVERY OTHER THING IN THE PREMISES WHICH I COULD HAVE DONE
BEFORE GRANTING HEREOF WHICH ASSIGNATION I BIND AND OBLIGE MYSELF MY HEIRS EXECUTORS AND SUUCCESSORS TO
WARRANT TO THE SAID JOSEPH WILLIAM FORBES AND HIS FORESAIDS FROM ALL FACTO AND DEEDS DONE OR TO BE DONE BY ME IN
PREJUDICE HEREOF DECLAIRING ALWAYS THAT THE SAID JOSEPH WILLIAM FORBES AND HIS FORESAIDS SHALL BE BOUND AND
OBLIGED AS BY ACCEPTATION HEREOF THEY BIND AND OBLIGE THEMSELVES TO HOLD JUST COUNT AND RECKONING WITH ME AND
MY FORESAIDS SUMS THEY MAY RECOVER IN VIRTUE OF THE SAID BOND AND BILL RESPECTIVELLY ABOVE ASSIGNED AND TO IMPUTE
THE SAME PROTANTO IN EXTINCTION OF THE FORESAID SUM OF SIX HUNDRED AND SIXTY POUNDS STERLING INTEREST WHICH MAY
BECOME DUE THEREON AND EXPENCES WHICH MAY BE INCURRED BY THEM AS AFTER STATED AND FARTHER DECLARING THAT
THEY SHALL BE BOUND AND OBLIGED ON THEIR RECEIVING PAYMENT IN VIRTUE OF THIS ASSIGNATION IN SECURITY OF THE WHOLE
OF THE SUMS OF PRINCIPAL INTEREST AND EXPENCES AS SAID IS OR ON PAYMENT BY ME OR MY FORESAIDS TO THEM OF THE SAME
AND OF ALL EXPENCES AS THE SAME MAY BE DISBURSED OR INCURRED BY THEM TO THEIR OWN AGENTS IN RECOVING PAYMENT OF
THE FORESAID PRINCIPAL SUM AND INTEREST WHICH MAY BECOME DUE THEREON AND AS THE SAME SHALL BE ASCERTAINED BY
THEIR WRIT OR OATH TO ME AND MY FORESAIDS AT OUR EXPENSE IN THE FULL RIGHT OF THE BOND AND BILL SUMS
THEREBY DUE ASSIGNED IN SECURITY AS AFORESAID OR TO MAKE PAYMENT TO US OF ANY BALANCE THAT MAY REMAIN IN THEIR
HANDS AFTER DEDUCTING THE SAID SUMS AND I BIND AND OBLIGE MYSELF AND MY FORESAIDS TO MAKE THE SAID BOND AND BILL
FORTHCOMING TO THE SAID JOSEPH WILLIAM FORBES AND HIS FORESAIDS TO BE KEPT AND USED BY THEM AS THEIR OWN PROPER
WRITS AND EVIDENTS IN TIME COMING AND I CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OR
OTHERS COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND IF NECESSARY THAT LETERS OF HORNING ON SIX DAYS CHARGE
AND ALL OTHER LEGAL EXECUTION MAY PASS UPON A DECREET TO BE INTERPONED HERETO IN FORM AS EFFECTS AND FOR THAT
EFECT I CONSTITUTE MY PROCURATORS IN WITNESS WHEROF I HAVE SUBSCRIBBED THESE PRESENTS WRITEN ON THIS AND THE
PRECEDING PAGE OF STAMPED PAPER BY ALEXANDER DAVIDSON VEITCH APPRENTICE TO WILIAM MASON SOLICITORS SUPREME
COURT EDINBURGH AND HERETO SET AND AFFIXED MY SEAL AT LONDON THE TWENTY THIRD DAY OF SEPTEMBER EIGHTEEN
HUNDRED AND FIFTY YEARS BEFORE THESE WITNESSES HENRY VALLANCE ESQUIRE SOLICITOR IN LONDON AND JOHN NEWSHAM
HIS CLERK THE PLACE AND DATE OF SIGNING AND SEALING AND WITNESSES NAMES AND DESIGNATION BEING WRITTEN BY THE SAID
JOHN NEWSHAM SIGNED JAMES SUTHERLAND MACKENZIE SIGNED SEALED DELIVERED IN PRESENCE J.VALLANCE, SPER AND SHAND
LONDON, IN. NEWSHAM HIS CLERK WITNESS
EDINBURGH 12 OCTOBER 1850 ON THE PART OF MESSR BOWINE COMPANY WE ACKNOWLEDGE INTIMATION TO USE THIS
INSTRUMENT PURPORTING TO BE AN ASSIGNATION OF CERTAIN SUMS CONSTITUTING THE RESIDUE OF THE PRICE OF THE ENTAILED
ESTATE OF ROYSTON WE ARE NOT TO BE HELD AS ADMITTING THAT THE GRANTER HEIR ANY RIGHT TO THE SUMS ASSIGNED BEYOND
HIS LIFE INTEREST AS PRESENT HEIR UNDER THEV ROYSTON ENTAIL OR THAT THIS ASSIGNMENT PRECLUDED MESSR BOWINE AND
COMPANY FROM PAYING OF THEIR BILL ON DUE NOTICE
SIGNED GORDON STUART CHEYNE EDINBURGH 12 OCTOBER 1850 ON BEHALF OF THE MARCHIONESS OF STAFFORD AND THE
HONOURABLE MRS HAY MACKENZIE WE HOLD THIS ASSIGNATION AS DULY INTIMATED TO THEM. WALKER AND MELVILLE.