The Newport, Wormit & Forgan Archive

Sasines - Abridgement

Ref	Abridgement	In Brief	Registered
1846.00308	Alexander Rhind, corn merchant, Woodhaven, seised 25 falls 4 ells of Seacraig in Maryton lot 27 on plan, on feu ch by William Berry, Tayfield to John Duncan, boatman, Newport 2 Nov 1838, & disp & assig by him, 1846.	Tayfield to John Duncan to Alexander Rhind	27 Aug 1846

Plots:
192	Maryton	lot 27	25 falls 4 ells (31 pol 20yd)		James Square (1-27 Gowrie St, 2 King St, 1-13 Queen St); former bakery in King St	view plot details
250	Maryton	whole area				view plot details

Extract from full sasine:
18 Aug 1846. On behalf of Alexander Rhind corn merchant Woodhaven. Feu charter granted by William Berry, Tayfield to John Duncan boatman residing Newport & also a disp & assig granted by the said John Duncan to Alexander Rhind dated 15 Aug 1846, by which feu charter William Berry in consideration of the yearly feu duty & of the other duties & services therein mentioned sold alienated & in feu form fee ... in favour of John Duncan ... all & whole that piece of ground being part of the lands called Seacraig ... belonging to William Berry & forming lot no. 27 on a certified copy of the original plan of the village of Easter Newport formerly called Maryton as made out by David Neave architect in Dundee, extending said piece of ground thereby disponed including half of the measurement of the roads aftermentioned opposite thereto to 25 falls 4 ells or thereby Scotch measure & bounded by lot 28 on the N of the said village then still belonging to William Berry, on S by a road 20' wide, on W by a road 24' wide, reserving always to Berry, heirs & successors, the right of a cart road or access of 15' width on the E corner of said piece of ground leading from the road immediately E thereof to the road along the front of the houses belonging to him on lot 28 as marked out by march stones. Declaring that the ground should also have the rise of the said road reserved & further reserving also to Berry the full & exclusive property of the sea braes between the N-most road or street of said village as delineated on the plan and then the turnpike road betwixt Newport and Ferry-port-on-Craig with a right to him & his heirs to build on said braes but providing that in so far as he or his successors should not exercise this right of property or otherwise John Duncan should have the use of the braes for taking water therefrom & bleaching clothes thereon; and it is provided that if John Duncan should build houses immediately contiguous to the foresaid roads or streets he should be bound to reserve from his property sufficient entrances to his back ground & should have no claim on the superior for any road thereto.Declaring further that John Duncan should be bound and obliged along with other feuars of the village to keep up & repair the roads or streets of the village in proportion to the extent of the ground thereby feued & to make & keep up on the side of the streets immediately adjoining said ground a footpath for the whole length thereof which footpath should be 4' in breadth on each side of the streets which are 25' or more in breadth and always to preserve the said streets or footpaths in a proper passable condition; John Duncan not to lay or allow to be laid any material rubbish or matter upon the streets or paths nor put any obstruction thereon ... except ... materials for building or repairing any houses on said ground in which case John Duncan should be entitled to the use of half of the street & footpath ... must leave space for cart or carriage to pass ... Berry to have free use of passing or repassing through the said roads... John Duncan should be bound to erect a dwelling house on the premises within 3 years after the term of entry thereto otherwise the feu right should be void and null. ... John Duncan, when required, to meet half the expense of a mutual wall between the piece of ground thereby disponed and lot 28 ... John Duncan or his foresaids should not be at liberty to keep a house of public entertainment or for selling wine or spirituous or malt liquors, nor keep public stables nor coaches chaises or gigs for hire nor permit them to be kept upon the premises, and providing and declaring ... that John Duncan should be bound and obliged to take infeftment on the precept of sasine therein contained ...

Extract from full sasine:

18 Aug 1846. On behalf of Alexander Rhind corn merchant Woodhaven. Feu charter granted by William Berry, Tayfield to John Duncan boatman residing Newport & also a disp & assig granted by the said John Duncan to Alexander Rhind dated 15 Aug 1846, by which feu charter William Berry in consideration of the yearly feu duty & of the other duties & services therein mentioned sold alienated & in feu form fee ... in favour of John Duncan ... all & whole that piece of ground being part of the lands called Seacraig ... belonging to William Berry & forming lot no. 27 on a certified copy of the original plan of the village of Easter Newport formerly called Maryton as made out by David Neave architect in Dundee, extending said piece of ground thereby disponed including half of the measurement of the roads aftermentioned opposite thereto to 25 falls 4 ells or thereby Scotch measure & bounded by lot 28 on the N of the said village then still belonging to William Berry, on S by a road 20' wide, on W by a road 24' wide, reserving always to Berry, heirs & successors, the right of a cart road or access of 15' width on the E corner of said piece of ground leading from the road immediately E thereof to the road along the front of the houses belonging to him on lot 28 as marked out by march stones. Declaring that the ground should also have the rise of the said road reserved & further reserving also to Berry the full & exclusive property of the sea braes between the N-most road or street of said village as delineated on the plan and then the turnpike road betwixt Newport and Ferry-port-on-Craig with a right to him & his heirs to build on said braes but providing that in so far as he or his successors should not exercise this right of property or otherwise John Duncan should have the use of the braes for taking water therefrom & bleaching clothes thereon; and it is provided that if John Duncan should build houses immediately contiguous to the foresaid roads or streets he should be bound to reserve from his property sufficient entrances to his back ground & should have no claim on the superior for any road thereto.Declaring further that John Duncan should be bound and obliged along with other feuars of the village to keep up & repair the roads or streets of the village in proportion to the extent of the ground thereby feued & to make & keep up on the side of the streets immediately adjoining said ground a footpath for the whole length thereof which footpath should be 4' in breadth on each side of the streets which are 25' or more in breadth and always to preserve the said streets or footpaths in a proper passable condition; John Duncan not to lay or allow to be laid any material rubbish or matter upon the streets or paths nor put any obstruction thereon ... except ... materials for building or repairing any houses on said ground in which case John Duncan should be entitled to the use of half of the street & footpath ... must leave space for cart or carriage to pass ... Berry to have free use of passing or repassing through the said roads... John Duncan should be bound to erect a dwelling house on the premises within 3 years after the term of entry thereto otherwise the feu right should be void and null. ... John Duncan, when required, to meet half the expense of a mutual wall between the piece of ground thereby disponed and lot 28 ... John Duncan or his foresaids should not be at liberty to keep a house of public entertainment or for selling wine or spirituous or malt liquors, nor keep public stables nor coaches chaises or gigs for hire nor permit them to be kept upon the premises, and providing and declaring ... that John Duncan should be bound and obliged to take infeftment on the precept of sasine therein contained ...

Names:
1846.00308	Berry, Tayfield
1846.00308	Duncan, John
1846.00308	Rhind, Alexander

Abbreviations in the notes
t/on - thereon; t/p - turnpike; dw - dwelling; ho - house; pt - part; pce - piece; grnd - ground; bldg - building; Tr/Trs - Trustee/Trustees; dec - deceased; ... - words omitted; pol - poles; yd - square yards; : - bounded; rd - road; ' - feet; " - inches;

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