Transcript of a Deed of Caution on behalf of a Robert Thorburn

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Transcript of a "Deed of Caution" on behalf of a Robert Thorburn - one of his "securities" being Robert Johnstone

At Linlithgow, the fifteenth day of April One thousand and eight hundred and forty two years, In presence of John Cay Esquire, Advocate sheriff of the shire of Linlithgow, Compeared Robert Riddoch Glen, writer in Linlithgow as Procurator for James Heggie and others after named and designated and gave in the Bond of Caution underwritten. Craving which desine and whereof the tenor follows

viz: We James Heggie of the Dechmont Sawmills near Uphall and Robert Johnstone, Blacksmith Uphall, considering that the estates of Robert Thorburn, engineer, Uphall, having been sequestrated by the Lord Ordinary officiating on the Bills on the Court of Session upon the thirteenth day of April Eighteen Hundred and forty one. Alexander Wylie, merchant in Edinburgh, was elected interim factor and that upon the seventh day of June thereafter, the said Alexander Wylie was elected Trustee on the said sequestrated estate and his nomination finally confirmed by the Sheriff of the County of Linlithgow on the twenty-third day of September last. That at a meeting of the Creditors of the said sequestrated estate held upon the seventeenth day of September last, he made offer of a compensation of three shillings and sixpence per pound to his Creditors on all debts due by him at the date of his sequestration payable by equal installments at the distance of eight and twelve months after the bankrupts final discharge and proposed us the said James Heggie and Robert Johnstone as his securities. That it was resolved by the requisite concurrence of Creditors present at the last mentioned meeting that the offer and security should be entertained for consideration, and at another general meeting of the Creditors held on the ninth day of December current, after due notice by advertisement & circulars for the purpose of deciding on the bankrupts offer and the security proposed, and which meeting was adjourned to the following day at which the same were unanimously agreed to and accepted by the Creditors, mandatories of Creditors present, and we, the said James Heggie and Robert Johnstone having been required to grant a Bond for payment of the composition, along with the same Robert Thorburn. Therefore I, the said Robert Thorburn, as principal, and we, the said James Heggie and Robert Johnstone as Cautioners, Surities, and Debtors, for and with the said Robert Thorburn, Bond and Oblige ourselves jointly and severally, and our Heirs, Executors and Successors, without the benefit of discussion to consent and pay to the whole, just, and lawful Creditors of the said Robert Thorburn, the sum of three shillings and sixpence in the pound of the debts owing by the said Robert Thorburn at the date of the sequestration of his estates, and that by equal installments of eight and twelve months after the date of the final discharge of the said Robert Thorburn, with the lawful interest of the said Composition from and after the said respective terms of payment, till the same be paid, with one fifth part more of each payment further in name of penalty in case of failure. And I the said Robert Thorburn, Bond and Oblige myself and my foresaids to free and relieve, harmless and ?skaithless? keep the said James Heggie and Robert Johnstone and their foresaids of payment of the said sums, principal, interest and penalty or any part thereof and all loss, damage and expence which they may incur by their becoming cautioners in manner foresaid. And we consent to the registration hereof in the Books of Council and Session or others competent therein to remain for preservation and if necessary that letters of Horning on the days charge and all other legal execution may pass upon a Deed to be interposed here to inform as ?effeirs? and to that effect we constitute. 

Our procurators In Witness whereof these present written on this and the preceding page by David Elder Barclay, Clerk to Robert Riddoch Glen, Writer, Linlithgow, are subscribed by us, at Uphall, the twenty-third day of December, Eighteen Hundred and forty one years, before these Witnesses - Edward McLardy, Blacksmith, Houston, and William Boak, Labourer, Dechmont, both near Uphall, (signed) Robert Thorburn, James Heggie, Robert Johnstone. Edward McLardy - Witns., William Boak - Witns

Written by David Nimmo
collated by John Wilson Dept.