Re: Help with handwriting documents (Feu charter & Sasine) pages 4 to 6

[SANTUDM]

Here come the other images of the Feu Charter (continued the main post)

[goldie61]

Image 4 Left Hand page

his foresaids in all time coming to uphold
Houses on the said piece of ground to the
value of one hundred and fifty Pounds
sterling or upwards and to maintain the
same of whatever value they may be in
good and sufficient Tenantable repair
and in case of their neglecting to do so
then the said Charter and this Infeftment
therein and subsequent Conveyances shall
become void and null providing also that
the said George Murdoch and his foresaids
shall bring thier whole Corns Malt & other
grains growing on the said pieces of
ground or carried and in brought to
the said village or tholing fire and water
therein to the Mill of Birkenbreul
Farther providing that it shall not be
in the power of the said George Murdoch
or his foresaids to subfeu so as to be
held of themselves and in case of his or
their doing so the same with the several
Feu Dispositions and Infeftments following
thereon shall be ipso facto void & null
but without prejudice to the said George
Murdoch or his foresaids to grant Herei
-table Bonds and Dispositions in security
in the ordinary form over and upon the
said pieces of ground and buildings thereon
or to exercise any other act of ownership
not inconsistet with the manner of holding
contained/



http://www.dsl.ac.uk/entry/snd/subfeu

http://www.dsl.ac.uk/entry/dost/tholand

http://houseoflumsden.com/lumsden/4593802581

https://scotlandsplaces.gov.uk/digital-volumes/ordnance-survey-name-books/aberdeenshire-os-name-books-1865-1871/aberdeenshire-volume-06/127

Lots of information if you Google Harry Leith Lumsden, and about the village that's being created in this document.

[goldie61]

Image 4 RHS

sell or convey away the subjects above described
he or they shall be bound and obliged to
make offer thereof and to prefer? to the
purchase the said Harry Leith Lumsden
or the Heir of Entail in possession at the
same price as any other person would
fairly and bona fide agree to pay for
the same any difference or dispute thereanent
being to be referred to the amicable decision
and determination of the Principal Sheriff
Substitute of Aberdeenshire for the time
being as sole Arbiter for finally settling
the same declaring thereby that any sales
or Conveyances made contrary to this
condition shall be void and null. And
farther the said George Murdoch and his
foresaids are by said charter taken bound
to free and relieve the said Harry Leith
Lumsden and his foresaids of all Public
Burdens and Taxations of whatever kind
imposed or that may be imposed upon
the/




http://www.dsl.ac.uk/entry/dost/thareanent

[goldie61]

Image 5 LHS

the foresaid village in proportion to the
said Feus and to observe and attend the
Courts established or to be established in
the said village as oft as they shall be
required thereto and finally they are
expressly taken bound to observe & obey
the whole other rules statutes & conditions
contained in the General Articles and
conditions for the Erection & Government
of the said village before referred to which
are thereby declared to be of the same
force and effect as if they were literarily
enpossed in the said charter but only
in as far as the same apply or may be
extended to the ground above described
as the said Charter containing clause
of absolute Warrandice the Precept of Sasine
after inserted and other clauses more
fully bear. Which Feu Charter the said
Procurator exhibited and produced to the
said Bailie desiring and requiring him
to proceed to the execution of the office
of Bailiary thereby committed to him
which desire the said Bailie finding
to be reasonable he received the said Feu
Charter into his hands and delivered
the same to me Notary Public to be read
and published to the Witnesses present
which I did and of which Precept of
Sasine the tenor follows in these words
moreover/


http://www.dsl.ac.uk/entry/snd/infeft

The tops of these pages are getting fuzzier and fuzzier!

[goldie61]

Image 5 RHS



Moreover I hereby desire and require you
[ blank                        ] and each
of you my Baillies in that part hereby
specially constituted that on sight hereof
ye pass to the said pieces of ground and
there give and deliver to the said George
Murdoch or his foresaids heritable state
and sasine real actual and corporal
possession of all and whole the pieces of
ground above mentioned houses built or
to be built thereon parts and pertinents
thereto belonging lying and described as
aforesaid and that by delivery to the
said George Murdoch or his foresaids
or to his or their Attorney in his or their
name bearers hereof of Earth and Stone
of the ground of the said Lands with
all other symbols usual and necessary
and this in nowise ye leave undone which
to do I commit to you and each of you
my Baillies in that part foresaid my
full power by this my Precept of Sasine
directed to you for that effect but
under the burden always of the said
Feyduty and subject to the conditions
and reservations foresaid all which are
hereby appointed to be verbatim insert
in the Infeftment following hereon and
in all after Charters Infeftments or
Conveyances of the said subjects
In /

[SANTUDM]

Image 5 RHS

Goldie thanks for helping me with the transcript! Your help is being invaluable!

[goldie61]

Image 6 LHS

In Witness wheerof these presents written upon
this and the two preceding pages of this sheet
of Stamped Parchment by Robert Forbes
apprentice to Mas(ters) Henry & Clement Lumsden
?? in ?? are subscribed by me
at ? the Twenty ninth day of July in
the year Eighteen hundred and thirty before
witnesses Henry Lumsden of To??illy and
Robert Hall my servant (signed) Harry
Leith Lumsden Esq Lumsden Witness Robt
Hall Witness. After reading and publishing
which Feu Charter containing the said Precept
of Sasine the said Bailie received the same
into his hands and by virtue thereof
and of the office of Bailiary thereby committed
to him gave and delivered to the said George
Murdoch heritable State and Sasine real
actual and corporal possession of all and
whole the several peices of ground above
mentioned and houses and other buildings
erected thereon with the parts and pertinents
thereto belonging lying and described as
aforesaid and that by delivering to the said
Procurator of Earth and Stone of the said
subjects with all other symbols usual and
necessary after the form and tenor of the
said Charter and Precept of Sasine in all
points. Whereupon and upon all & sundry
the premises the said Procurator asked
and took Instruments in the hands of
me/


Sorry it’s too fuzzy to make out a few words.

Image 6 RHS

me Notary Public subscribing These things
were so done upon the ground of the said
subjects respectively and successively betwixt
the hours of five and six afternoon of the
day of the Month in the year of our Lord
and of the Kings reign first above written
before and in presence of John Grant and
Thomas Gill both Wrights in Lumsden
village Witnesses to the premises specially
called and required and hereto with me
subscribing on this and the four preceding
pages.




After this, and the little bit at the top of Image 7, it is all in latin. No doubt the legal part, and I can see ‘Act of Parliament’ in there, but if you want a translation, I suggest you post that part again in a new post, and hopefully a Latin specialist will see it.

[Bookbox]

This has been a fantastic job by goldie, well done!

After this, and the little bit at the top of Image 7, it is all in latin.

It's an official 'signing-off' clause, roughly translated ...

And I, George Cumming, Clerk of the Diocese of Aberdeen and Notary Public, with royal prerogative and that of the Lords of the Council and Session, according to the tenor of the Act of Parliament, because all and singular the premises mentioned were stated, carried out and performed, and (because) I, together with the aforenamed witnesses, was present there in person and saw that all and singular the premises were thus carried out, and (because) I have seen, known, heard and taken note of them, I have therefore completed and registered this present Public Instrument in this form, faithfully written by another hand on this and the four preceding pages of parchment and duly stamped, and I have signed and subscribed (it) with my customary and usual mark, name and surname, in faith, confirmation and witness of the truth of all and singular the premises, as requested and required.
Geo. Cumming N[otary] P[ublic]
John Grant Witness, Tho^s Gill Witness
Written by [M?][W?] Chalmers[?]
Collated by Newell Burnett

[SANTUDM]

Goldie, I thank you most deeply and sincerely for helping me to transcript this document, and for the time and trouble you have gone to do this! Now, I know a further more about George Murdoch and will be able to localize those pieces of ground in Lumsden where he probably sometime lived with his family! 
Many thanks to Bookbox too for the help! 
Do any of you know why the signatures of George Murdoch and Harry Leith Lumsden, Esq. of Clova do not appear in this document?