[1696/9/157]¹

Legislation

9 October 1696

Act in favour of Sir Robert Murray of Abercairney and other heritors upon the Pow of Inchaffray

At Edinburgh, 9 October 1696, anent the petition given in and presented to his majesty's high commissioner and the honourable estates of parliament by Sir Robert Murray of Abercairney, Sir Patrick Murray of Ochtertyre, Mungo Graham of Gorthie and James Oliphant of Williamston, heritors upon the Pow of Inchaffray, humbly showing that the said Pow of Inchaffray, being a long tract of level ground subject to unseasonable inundations and overflowings of the water, whereby the adjacent ground and meadows become marsh, and the grass and corns of several heritors of the said lands are frequently lost and rendered useless, the draining and ditching whereof, in a convenient and effectual manner, might not only prevent the said losses and damages sustained by the heritors, but likewise be a means of considerable improvement of so large a tract of ground to the great advantage and utility of all concerned. And the petitioners' predecessors, with other heritors upon the said Pow, having endeavoured by submissions, decreets arbitral and otherwise to adjust the differences that might arise in carrying on and consummating so good a work, their designs therein have been hitherto frustrated, partly by minority of some of the heritors concerned, and partly by the dissenting of others that conceived they might have no advantage by the said work, and so through want of unanimous concurrence of all concerned, so good and necessary a work tending to the common utility of most of the heritors has been retarded. And therefore, craving his grace and estates of parliament to grant warrant and commission to John Haldane of Gleneagles, James Graham of Orchil, John Drummond of Pitkellony, David Drummond of Invermay, Duncan Campbell of Monzie, David Smith, brother german to the laird of Methven, Mr William Murray of Arbennie, Thomas Hay of Balhousie, Colin Campbell of Lochland,² John Drummond of Colquhalzie and Mr Mungo Murray, brother german to Patrick Murray of Dollerie, and such others as his grace and their lordships should please to add, or any five of them hereby declared to be a quorum, to meet and convene at the [...] day of [...] next to come, and thereafter at such days and places as they shall appoint, with full power to them, after due intimation to all the adjacent heritors and the tutors and curators of such of them as are minors, to cause drain and ditch the said Pow, as also to divide and appropriate the same with any parcels of the adjacent lands, as shall be necessary, to square marches among the said adjacent heritors, and to repair any loss that any of them shall sustain by the draining, ditching and dividing foresaid, by taxing the same upon such as shall have the benefit. As also, to appoint workmen for the work foresaid, and tax and levy their expenses upon the said adjacent heritors having the benefit, and to take effectual course for maintaining the said ditch and draining, and generally to do all things else that may perfect the said work, and, if need be, to cite witnesses, take depositions and give out their sentences as appropriate, which sentences in the whole circumstances, as to the heritors adjacent, shall have the force and strength of a decreet arbitral, as upon their submission, as the said petition bears. Which, being this day read in the presence of and considered by his majesty's high commissioner and the estates of parliament, they have granted and hereby grant the desire thereof, and have granted and hereby grant warrant and commission to the persons above-mentioned, or any five of them, to meet and convene at Crieff upon the 1st, 2nd, 3rd, 4th or 5th days of December next to come, and thereafter at such places and on such days as they shall appoint, with full power to them, after due intimation to all the adjacent heritors and the tutors and curators of such of them as are minors, to cause drain and ditch the said Pow, as also to divide and appropriate the same with any parcels of the adjacent lands as shall be necessary to square marches amongst the said adjacent heritors, and to repair any loss that any of them shall sustain by the draining, ditching and dividing foresaid, by taxing the same upon such as shall have the benefit, as also to appoint workmen for the work foresaid, and to tax and levy their expenses upon the said adjacent heritors having the benefit, and to take effectual course for maintaining the said ditch and draining, and generally to do all things else that may perfect the said work and, if need be, to cite witnesses, take depositions and give out their sentences as appropriate, which in the whole circumstances as to the heritors adjacent shall have the force and strength of a decreet arbitral as upon their submission.