Stile Book of James Armour, C. 1698

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A Stile Book written by James Armour,

Decreet Arbitrall

Att Edinburgh The X day of XX years 88c X as Judge & Arbitrators and amicable Compositor Elected and choosen for the part of X within designed on the one part X and X Judge Arbitrator and Amicable Compositor Elected and chosen for the part of X on the other part. Habing seen and Considered the within written Submission and the claims given in by each partie Concerning the matter within written with the Instructions therof & the severall answers hinc inde made by other of the partys therto And having God and a Good Conscience before our eyes (all partiality Secluded,) we after mature and serious Consideration and deliberation of the said matter as Judges Arbitrators forsaids Decree and Ordain ilk one of the saids parties to do and perform to [others?] the particular deeds underwritten and first we decree the said X to X (here to Insert the Decernator of the first party) And on the other part we Decree the said

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said X to (here Insert the Decernator of the other party) And Ordains the party failer in observing the premiss of to others to pay to the party observer or willing to observe the sume of X In manner within specified by and Allow the performance hereof and Decern and Ordain both the, saids partys to stand and abide herat underly and fullfill the same but Reclamation and ordains these presents to be Insert and Registrat in the books of Co: and Sess: and the Lords of Co" and Sess: their Decreet Interponed upto that Letters of [Poining?] and others may be direct heron In manner within contained In wittness werof (written by X) we have subscribed these presents X

Assignation by one under Curatory

Be it known X me X with the speciall Advice and Consent of X X my Curators for their Interests foras much as the X by his bond heritably concerned dated X bound and Obleidged him his heirs X to have contented and payed to X he being on life and [faikising?] of him by decease to me the said X my heirs {and} or Assigneys; All and hard the sume of X principall with the arent therof from the date

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date of the bond and that against the X with X of liquidate Expenses in case of failure to gather with the ordinar @ rent of the said print sume yearly termly and proportionalle so long as the same should remain unpayed after the said term and further for the said [?] X and me his said son our better security The said X bound and obleidged him and his forsaids to have duly infest us our heirs and succossors above specified heretably in All and [haill?] ane @ rent of X [?] or such ane @rent as should correspond to the said printt sume of X conform to the Laws and pratique of the Kingdome for the time yearly to have ben uplifted and taken at two terms in the year, W: and M: {winter] by equall portions furth of all and haill the Lands (here Insert the Lands) To be holden and with Warrandies in maner mond in the said bond and Such like the said [doroased?] X and thereby obleidge him and his forsaids to pay the said @rent yearly (in case the same should be in his hands) at the terms abovemand under the failure of X of liquidate penalte [totos?] [quotios?], Redeemable allways the said @rent by pamt to us of the said principall sume of @rents and [faillis?] that should be due therefore at any Term of Whitsonday or Mart: after the term of payment upon 90 days premonition

providing always the [?] should not hinder the said of and me his son to seek execution for payment of the said sume X as the said heretable bond containing precept of [sasin?] and diverse other clauses in it self more fully proports likeas the said of by another bond (here narrate the bond) And now seeing of [half?] advanced and payed to and the said of at the {said?} sight of my said Curators the two principals sumes above men'd extending together to X and that for and upon my granting to him the assignation underwritten (of the which sume thereby grant the recept) renouncing all exceptions proponable in the Contrar with Advice and Consent for sd Exoner and discharge him and his thereof forever Therefore [ivitt] [yo] [mo] the said & with the speciall advice and Concent of my Curators abovenamed to have made and Constatute As I hereby with Advice forsaid make constitute and ordain the said of his heirs and Assignoys my [verry] lawful [coss-] [coners] and Assignoys donators and [procs] [vofule] in [?] [?] in and to the said principal sume of X contained in the {first} [fiscal?] bond above deduced & of liquidal Ex[ponsed] also therein contained And suchlike in and to the said [x?] principall sume of X contained

Contained in the forsaid second band and to the sume of X liquidate expenses therin expressed and in and to the ordinar @rent and profit of the saids two respective prin'd sumes from and after the term of X in this instant year of X all [ennarly?]; and yearly and termly in time coming during the not payment therof and to the liquidal penaltie that shall happen to be in airred in not payment of the @rent of the said first prin'd sume termly and in and to the forsaids two bonds themselves said heads clauses and oblidgements thereof [ ? ] contained with all that hath followed or may follow therupon. The right wherof is hereby turned and transferred from me and my @written to and in favours of the x and his forsaids whom I by these presents surrogat and substitute in my place and title of the premisses forever with full power to the said x and his @specified to ask crave receive and uplift the sumes of money above asigned from the heirs and representatives of the said x grantor of the said bonds and if need be is to call and pursue therfor before competent judges [deits?] to obtain and cause to execute componets transact and agree the anent discharges upon receipt of the sumes in whole or in part to give subscribe and deliver which shall be as sufficient to the receivers as given by my

my self and generally all and sundry other things concerning the premises X to do use and [exe?] that I with consent of my saids Curators might do myself [pefer?] the making hereof which I shall hold firm and stake but evocation likeas I the said X with consent for said Bind and oblige me to [marstand?] this present assignation from my our and my said [decoast] fathers proper facts and deeds [affennarly]. That is to say that neither my said [unqll?] father nor thats given nor that I shall give or grant any other right Assignation or Discharge of the premisses to any other person or persons in prejudice and hurt hereof Likeas we the saids X of Curators to the said X and [?] taking further in and upon us for him, Bind and Oblidge us Conjunctly and [realli?] our heirs and Execs to move and cause the said X to satisfy the Assignation above = written at his majority and his attaining the age of 21 years compleat In [loken] of all which I have Instantly delivered up to the said X the 2 principal bonds above narrated unregistral to be kooped and used by him and his forsaids as [Her?] own proper {p} meritts and evidents at their pleasure

pleasure in time comming And for the more security we consent.

Nota

A clause when it is for a part of a sume the rest being payed. Say In the sume of X yet resting owing unpayed of the forsaid principall sume of X and bygone @rents thereof preceeding X and to the @rent of the said remainder yearly and termly in time coming untill the payment thereof and also in and to the forsaid ticket itself in so far as may be extended to the sums yet resting and hereby assigned, [having?] heads tenor and contents there follow forth the [?] ordinary style of an Assignation

Submissione

The blank on the back hereof subscribed by the parties undersubscribing to witt X [ ? ] on the one part and X on the other part is to be filled up by the amicable sentence [dei'd] and [?] determination of X as judge arbitrator and amicable compositor elected and choosen for the part of the said X and X as Judge Arbitrator and amicable Compositor elected and Choosen for the part of the said X and

(8) In case of Variance and discrepance betwixt them by the amicable Sentance decreed and determination of ane oddsman and oversman whom the saids two Judges Arbitrators are hereby impowered to Elect. To the amicable sentence decreed and determination of which two perforce aggreeing together in one voice and in case of variance and discrepance betwixt them to the amicable sentenced and deid of the said oddsman mutually to be elected and choosen by them with unanimous consent, the saids parties = Submittors referr and Submitt themselves and - give full power warrand and comission to them aggreeing together in one voice as said is and - in case of variance and Discrepance betwixt their to the said oddsman and oversman to be elected nominate and chooson by the saids Judges arbitrators with mutuall advice and consent to Cognosed Decide and amicably decern anent what shall be done and performed by each one of the saids partial to ayrs in relation to X there insert the matter or matters to be decided with full power to the saids or Judges and arbitrators aggreeing together in one voice of in case of variance or discrepance betwixt them to the said oddsman and oversman to be elected and choosen by them as said is so Cognosed.

(9) Decide and amicably Decern In and upon the matter @Sottdown and to pronounce and give furth there finall sentance deid and determination yr untill Like as the said 8 Judges arbitrators and oversmen have accepted and accepts the decision of the said matter In and upon {illeg} &c. the saids two Judges arbitrators are to pronounce their small sentances D{illeg} and Determination concerning the presmisses betwixt the sale hereof and I but longer delay and in case of variance or discrepands betwist the said two Judges the said Oddsman and oversman so to be elected by them Is to pronounce his D[illeg} arbitra

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hereby Condescended and agreed upon to be payed by the party [faillier?] In observing the said decreet arbitrall to follow hereupon To the p'ty Observer and fullfiller hereof or willing to fullfill and observe b t modification by the attenr the performancd of the said Decreet And for the more Security the saids parties submitters and als[e?] the Judges Arbitrators are Content and Consent [those?] [?] with Decreet [Arbitral?] to follow hereupon to be Insert and Registrati[on] in the Books of C: & S: in other Judges books Compelent within this Kingdome & so hale the Strength of a Deid interponed thereto that Lets of [?] on Six days charge and other Exca[lds?] needful in form as [effairs?] may be direct hereon and to that effect Constitute [?] yr [?] In wittness whereof (written by &) The saids parties Submitters and Judges ar =bitrators have Subt their [puds?] and als[o?] the saids parties & Submitters have Subt the [?] blank on the back hereof with their hands a[tt]?

Contract of Marriage

Att [11?] day of [11?] years It is appointed agreed and matrimoniall [?] Contracted and ended {?] the honourable parties following