Author Topic: Multiplepoinding - Newspaper Article  (Read 3009 times)

Offline pckl

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Multiplepoinding - Newspaper Article
« on: Monday 09 November 15 13:11 GMT (UK) »
Part 1

Hello all. I've came across a wonderful newspaper article which names many people in my extended family - the only trouble is, I have no idea what it is all about!  ;D

I'm not very knowledgable in legal matters, and I've not seen anything like this before.

I have transcribed the article, although it wasn't very clear and there was some smudging, so please excuse any errors.

9 August 1882 - The Glasgow Herald

IN THE SHERIFF COURT OF LANARKSHIRE AT HAMILTON.
In the ACTION of MULTIPLEPOINDING and EXONERATION at the instance of GEORGE SELLAR, Esquire, Sheriff Clerk of Lanarkshire, Nominal Raiser and Pursuer, against WILLIAM ARCHIBALD, Weaver, Newmilns, in the County of Ayr; ANDREW ARCHIBALD, Labourer, Well-land County, Thorold Post Office, Canada West; MRS CHRISTINA McDONALD or ARCHIBALD, residing at Back Road, Strathaven; ANDREW ARCHIBALD, Wright, Sorn in the said County of Ayr; MRS MARION ARCHIBALD or ANTON, wife of JOHN ANTON, Farmer, Triploch Burn, by Ochiltree, Ayrshire; the said JOHN ANTON; ANDREW ARCHIBALD, Baker, Strathaven; SAMUEL ARCHIBALD, Labourer, Dumbarton; JOHN ARCHIBALD, Baker, Strathaven; MRS MARION ARCHIBALD or RICHMOND, wife of ROBERT RICHMOND, Miner, Sandknowe, Strathaven; the said ROBERT RICHMOND; MRS MARION HAMILTON or McKEAN, Widow, No. 78 Muslin Street, Bridgeton, Glasgow; MRS ISOBEL HAMILTON or MILLER, wife of ARCHIBALD MILLER, No. 3 Newhall Terrace, Bridgeton, Glasgow; the said ARCHIBALD MILLER; MRS AGNES HAMILTON or FLEMING, wife of JOHN FLEMING, No. 13 Houston Place, off Houston Street, Kinning Park, Glasgow; the said JOHN FLEMING; IRVINE ARCHIBALD, Weaver, now or lately an inmate in the Poor’s-House at Irvine, Ayrshire; JOHN McGREGOR, SENIOR, No. 779 Duke Street, Glasgow; JOHN McGREGOR, JUNIOR, Son of the residing with the said John McGregor, Senior, as his Administrator-at-Law; ALEXANDER McGREGOR, Son of and residing with the said JOHN McGREGOR, Senior, and the said JOHN McGREGOR, Senior, as his Administrator-at-Law; ROBERT TORRANCE, No. 119 Reid Street, Bridgeton, Glasgow; MRS MARGARET TORRANCE or CHALMERS, Widow, No. 96 Abercromby Street, Glasgow; ANDREW TORRANCE, Miner, residing in Glasgow, but whose precise address is unknown, and AGNES TORRANCE or MURRAY, wife of ALEXANDER MURRAY, Combination Poor-House, Hamilton – both Children of the Deceased Janet Archibald or Torrance and Andrew Torrance, sometime Labourer in Strathaven, afterwards residing in Rutherglen; the said ALEXANDER MURRAY; DAVID ORR, Weaver, Todshill, Strathaven, Executor-Nominate of the Deceased William Donald, Wright in Edinburgh; THOMAS LONGMUIR, Weaver, Flemington, Strathaven; MATTHEW NISBET, of Township of Glover, Co. Orleans, State of Vermont, North America; all Heirs or Representatives of Heirs of the Deceased MISS MARY DONALD, sometime residing in Strathaven, and who died there on or about the 15th day of February, 1848, and Tutors or Curators of such of them as may be in pupilarity or minority if they any have; WILLIAM HORN, sometime Weaver at Annethill, thereafter residing in Glasgow; and MRS MARGARET BARRIE or HORN, his wife, for their interest, whom failing their Representatives and the Tutors or Curators of such of them as may be in pupilarity or minority, if they any have; and MRS MARGARET YUILL or McARTHUR Grain Merchant, Glasgow, as Executrix-Dative qua Relict of the late WILLIAM YUILL, Victualler in Glasgow, and the said JOHN McARTHUR, whom failing the legal Representatives of the said WILLIAM YUILL, and the Tutors or Curators of such of them as may be in pupilarity or minority, if they any have, Defenders, praying the Court to find that the Nominal Raiser and Pursuer is Holder of a Sum of £99 2s 9d sterling, being the Balance of a Fund consigned in the Sheriff Court of Lanarkshire at Hamilton, on or about the 15th day of December, 1851, with the Interest periodically accrued thereon, said Fund being so consigned in an Action of Multiplepoinding brought in said Court at the instance of the now Deceased MUNGO COCHRAN, Weaver in Strathaven, Nominal Raiser, against the also now Deceased MRS HELEN DONALD or LONGMUIR, who resided in Strathaven, and others, the Summons in which Action is dated in or about the month of October, 1851, and also to find that the Pursuer is only liable in once and single payment of the said sum, with the interest accrued and to accrue thereon until paid, and is entitled on payment thereof to be exonerated therefrom, the Sheriff-Substitute has pronounced the following Interlocutor: -
LESLIE, McLEAN, CARROLL, RICHMOND, GALLIGAN, DUFFY, McCOMBS, ARCHIBALD, DYKES
STOREY, METCALF, MAVIN, KNOX, RENNER, HALL, STEEL, KEITH/McKEITH, MILLS, ROBINSON, BROWN, DAVISON, WIDDRINGTON, POTTS, JOHNSON
QUINNIN, RUDD, COYLE, BARRASS, SANDERSON, TURNBULL, GLOVER, CLEMENTSON, MAUGHAN, HUNTER, HEMPSEED, BRUCE/BREWIS
HARBERTSON, TAYLOR, SHARP, ERRINGTON, RIDDLE, HINDMARCH/HYMAS

Offline pckl

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Re: Multiplepoinding - Newspaper Article
« Reply #1 on: Monday 09 November 15 13:12 GMT (UK) »
Part 2

“Hamilton, 1st August, 1882. – The Sheriff-Substitute of the County of Lanark grants warrant to cite the Pursuer and such of the Defenders as are resident within Scotland on Fourteen Days’ Inducts? by serving each of them in the ordinary way with a copy of foregoing Petition and of this Deliverances, and such of the Defenders who may be in pupilarity or minority, if they any have, by delivery of a little copy at the Office of the Keeper in a Registered Post Letter a certified copy thereof, and also by publication of the import of the foregoing Petition and of this Deliverance in the Glasgow Herald Newspaper on each of Wednesday the 2nd and Wednesday the 9th days of August current, and in the Scotsman and Hamilton Advertiser Newspapers on each of Saturday the 5th and Saturday the 12th days of August current; and ordains the Pursuer and the Defenders and their Representatives and Tutors and Curators foresaid, if they intend to show cause why the prayer of the Petition should not be granted, to lodge in the hands of  the Clerk of Court at Hamilton a Notice of Appearance within the Inducius? of Citation or intimation hereon, under certification of being held as confessed. – (Signed) J. B. L. BIRNIE.”
-Of all which Intimation is accordingly hereby made.
WM. STODART, Writer, Hamilton,
Pror. for Real Raiser
Hamilton, 1st August, 1882.

The Archibalds mentioned all appear to be the descendants of Andrew Archibald and Marion Donald, who are my 5x Great Grandparents. There are some Donalds mentioned, but I can't connect them to Marion.

Thanks all,
pckl
LESLIE, McLEAN, CARROLL, RICHMOND, GALLIGAN, DUFFY, McCOMBS, ARCHIBALD, DYKES
STOREY, METCALF, MAVIN, KNOX, RENNER, HALL, STEEL, KEITH/McKEITH, MILLS, ROBINSON, BROWN, DAVISON, WIDDRINGTON, POTTS, JOHNSON
QUINNIN, RUDD, COYLE, BARRASS, SANDERSON, TURNBULL, GLOVER, CLEMENTSON, MAUGHAN, HUNTER, HEMPSEED, BRUCE/BREWIS
HARBERTSON, TAYLOR, SHARP, ERRINGTON, RIDDLE, HINDMARCH/HYMAS

Offline eilthireach

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Re: Multiplepoinding - Newspaper Article
« Reply #2 on: Monday 09 November 15 16:02 GMT (UK) »
The <a href="http://www.dsl.ac.uk">Dictionary of the Scots Language</a> will give you the meanings of these legal terms: <a href="http://www.dsl.ac.uk/entry/dost/poynding">poinding</a> (pronounced as if spelled pinnding),  <a href="http://www.dsl.ac.uk/entry/snd/multiplepoinding">multiplepoinding</a> and <a href="http://www.dsl.ac.uk/entry/dost/exoneratioun">exoneration</a>

Offline pckl

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Re: Multiplepoinding - Newspaper Article
« Reply #3 on: Monday 09 November 15 21:47 GMT (UK) »
Thank you for that link. It might come in useful. I did Google some of the legal terms, but sadly it didn't help me understand the article any better.

Thanks, pckl   :)
LESLIE, McLEAN, CARROLL, RICHMOND, GALLIGAN, DUFFY, McCOMBS, ARCHIBALD, DYKES
STOREY, METCALF, MAVIN, KNOX, RENNER, HALL, STEEL, KEITH/McKEITH, MILLS, ROBINSON, BROWN, DAVISON, WIDDRINGTON, POTTS, JOHNSON
QUINNIN, RUDD, COYLE, BARRASS, SANDERSON, TURNBULL, GLOVER, CLEMENTSON, MAUGHAN, HUNTER, HEMPSEED, BRUCE/BREWIS
HARBERTSON, TAYLOR, SHARP, ERRINGTON, RIDDLE, HINDMARCH/HYMAS


Offline nanville

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Re: Multiplepoinding - Newspaper Article
« Reply #4 on: Tuesday 10 November 15 05:44 GMT (UK) »
Poinding meant that all goods were listed by the officers of the court,which meant that the goods would be sold to meet any debts that they owed,eg rent arrears,loan arrears,etc.
scotland-anderson,bruce,wilson,carrick,elliott,fallan.
england-gribbon,evans,snell,anderson
australia-anderson, beattie
usa-campbell,anderson   canada-anderson.
mexico - Anderson and cramer

Offline carolineasb

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Re: Multiplepoinding - Newspaper Article
« Reply #5 on: Tuesday 10 November 15 14:37 GMT (UK) »
Please note that a Poinding is not anything to do with the above case of a Multiplepoinding!

The OP's case is one deriving from an original/first case where the Sheriff Clerk has had money consigned in an account in the Court in the original/first case which is one of Multiplepoinding so that the Sheriff Clerk could keep same safe until the said case was decided.  The original case, it appears though I may be wrong, was to decide who really owned the money.  Unfortunately, it then appears that at least 2 of the parties to the case have died including the person who originally raised the case so it appears that it is even more complicated in that the Sheriff Clerk has now had to raise this new case to decide who really owns the money and so there are even more parties to the action because of the 2 deceased :(  The word in the first line of the Warrant to Cite in Part 2 of your post is likely to be "induciae" which would now be "period of notice".

Nowadays, Multiplepoindings could be for cases such as when the Police recover a stolen car and would raise the action but there may be an insurance company, the original owner and possibly an "owner" who has bought the car in good faith all arguing over ownership and it would ultimately be for the Court to decide who gets the car. There are other reasons for this type of case too.

Hope that helps,

Carolineasb
Tannahill:  Ayrshire, Renfrewshire
Mulgrew/Milgrew:  Glasgow
Canning: Renfrewshire

Offline pckl

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Re: Multiplepoinding - Newspaper Article
« Reply #6 on: Tuesday 10 November 15 15:40 GMT (UK) »
Thanks Carolineasb. That does clear things up, somewhat.

I find this sort of stuff quite hard to understand, so wondered if it says in the article where the money originally came from? I was thinking perhaps the Donalds, as they are mentioned towards the close of the article, or even the William Yuill mentioned. I can understand the Donald connection, but haven't yet came across Yuill in this line.

Thanks very much :)
pckl
LESLIE, McLEAN, CARROLL, RICHMOND, GALLIGAN, DUFFY, McCOMBS, ARCHIBALD, DYKES
STOREY, METCALF, MAVIN, KNOX, RENNER, HALL, STEEL, KEITH/McKEITH, MILLS, ROBINSON, BROWN, DAVISON, WIDDRINGTON, POTTS, JOHNSON
QUINNIN, RUDD, COYLE, BARRASS, SANDERSON, TURNBULL, GLOVER, CLEMENTSON, MAUGHAN, HUNTER, HEMPSEED, BRUCE/BREWIS
HARBERTSON, TAYLOR, SHARP, ERRINGTON, RIDDLE, HINDMARCH/HYMAS

Offline carolineasb

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Re: Multiplepoinding - Newspaper Article
« Reply #7 on: Tuesday 10 November 15 16:05 GMT (UK) »
Pckl,

From my reading, it looks like Mungo Cochran a Weaver from Strathaven lodged the £99 2S 9d with the Sheriff Clerk on 15/12/1851 after the action started in or about October 1851 against Helen Donald or Longmuir also from Strathaven and some other people as he was probably ordered/ordained to do so by the Sheriff.  It does seem quite odd that it took until 1882 for the Sheriff Clerk to raise the second Multiplepoinding for the funds he was holding in an account. Most of the people named in the 1882 case are likely to be those entitled to inherit from Mungo Cochran and Helen Donald or Longmuir and then those who were in the original action too, I would imagine.

Have you had a look on Scotlands People at the Confirmations (Inventories and possibly Wills) on there for the people mentioned?

Carolineasb
Tannahill:  Ayrshire, Renfrewshire
Mulgrew/Milgrew:  Glasgow
Canning: Renfrewshire

Offline DonM

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Re: Multiplepoinding - Newspaper Article
« Reply #8 on: Tuesday 10 November 15 17:23 GMT (UK) »
And the simple explanation....

https://en.wikipedia.org/wiki/Multiplepoinding

Don
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