1861 December 18
Copy Letters Paul and Thain to
James McEwen Writer
James McEwen Esq.
Writer
Dundee 18 Decr 1861
Dear Sir
We have been consulted by Mrs Cochrane regarding your Notice of the state of a
property in Peter Street partly belonging to her. Please do nothing in the way of incurring
expense without letting us know as we are busy endeavouring to make arrangements for
getting the property put to rights.
Yours truly
Paul & Thain
James McEwen Esq.
Writer
Dundee 19 Decr 1861
Dear Sir
We refer to our letter to you regarding your Notice to Mrs Cochran on the subject of
her Peter St. Property. We have now to offer on behalf of our Client that she leaves the
matter with the Dean of Guild & Mr Fulton to say what necessary repairs may be required.
She will concur in any reasonable proposal and pay her proportion of the expenses.
Yours truly
Paul & Thain
1861 December 20
Unto the Honourable the
Dean of Guild of the Royal
Burgh of Dundee
The Petition of James McEwen
Writer in Dundee and Procurator
Fiscal for the public
interest
Humbly Sheweth
That the Petitioner is under the necessity of making the present application to your
Honor against Mrs Margaret Cross or Scott residing at Forebank Dundee Widow and
Executrix of the late William Scott Manufacturer in Dundee and Tutor and Curator for
William Scott her eldest son, William Easson Green Grocer Murraygate Dundee, Mrs
Margaret Morren or Cochrane Widow of the late Robert Cochrane Druggist Murraygate and
Charles Nicholson Brushmaker in Dundee the owners of a Tenement of Land consisting of a
Shop or ground story and three stories above situated at the top and on the east side of
Peter Street Dundee for the reasons set forth in the Annexed Statement of Facts and Note of
Pleas in Law thereto subjoined.
May it therefore please your Honor on considering this Petition
and the Statement of Facts and Note of Pleas in Law thereto
subjoined to appoint a copy thereof and of your Honor’s
deliverance thereon to be served by the Officer of Court upon each
of the said Mrs Margaret Cross or Scott, William Easson, Mrs
Margaret Morren or Cochrane and Charles Nicholson and them to
lodge answers thereto if they any have in the hands of the Clerk of
Court within the space of Twenty four hours or other short
inducæ after service and in the Meantime may it please your
Honor to appoint a visitation of the North wall of that tenement of
Land on the East side and near the top of Peter street Dundee
consisting of a Shop or ground story occupied by Emelia or Emly
Gilbraith or Cruikshanks Widow of the late William Cruikshanks
Coal Dealer Dundee and of three flats above the said ground story
1
the first flat which is occupied by Mrs Catharine Dewar or
Fairweather Tobacconist Dundee and which tenement of land
belongs in property to the said Mrs Margaret Cross or Scott as
Executrix foresaid and as Tutor and Curator for the said William
Scott her eldest son, William Eason, Mrs Margaret Morren or
Cochrane and Charles Nicholson and thereafter if need be to remit
to a Tradesman or Tradesmen of skill to examine the North Wall of
the tenement of land complained of and referred to in the annexed
Statement of Facts and note of Pleas in Law and to report whether
or not the same or any part or portion thereof is in an insecure
dilapidated or dangerous state and what in their opinion should
be done with the said North Wall for the safety of the lives of the
Lieges to ordain the Tradesman or Tradesmen or other person or
persons of skill to be named by your Honor to appear before your
Honor and to depone on oath to the verity of his or their Report or
Reports and oath or oaths to ordain the said Mrs Margaret Cross
or Scott as Executrix foresaid and as Tutor and Curator for the
said William Scott her eldest son, William Eason, Mrs Margaret
Morren or Cochrane and Charles Nicholson within a certain short
space to be fixed by your Honor to adopt such measures as may
be fixed on by your Honor after considering the Report and Oath
by the said Tradesmen or other person or persons of skill for
putting he said North Wall of the tenement complained of into a
safe and secure state and that at the sight and to the satisfaction
of such person or persons of skill a may by named by your Honor
and failing the said Mrs Margaret Cross or Scott as Executrix
foresaid and also Tutor and Curator for the said William Scott her
eldest son, William Easson, Mrs Margaret Morren or Cochrane
and Charles Nicholson as aforesaid. May it please your Honor to
grant warrant to the Petitioner to get the same done at the sight
and under the supervision of such person or persons of skill as
may be named by your Honor that purpose as aforesaid and at
the joint and several expense of the said Mrs Margaret Cross or
Scott as Executrix foresaid and also Tutor and Curator for the
said William Scott her eldest son, William Easson, Mrs Margaret
Mirren or Cochrane and Charles Nicholson and may it farther
please your Honor to find the said Mrs Margaret Cross or Scott as
Executrix foresaid and also Tutor and Curator for the said William
Scott her eldest son, William Easson, Mrs Margaret Mirren or
Cochrane and Charles Nicholson conjunctly and severally liable to
the Petitioner not only in the Expense to be incurred by him in
putting the said North Wall of the tenement of land complained of
into a proper state of repair in terms of the order pf Court but also
in the Expense of this application and whole procedure to follow
hereon or to do farther or otherwise in the premises as to your
Honor may seem proper.
According to Justice &c
J. A. McEwen
Procurator fiscal Drawn by me
Statement of Facts from the Petitioner
1. There is a tenement of land consisting of a shop or ground story and three stories above
situated at the top and on the East side of Peter Street Dundee which tenement belongs in
property to Mrs Margaret Cross or Scott at Forebank Dundee Widow of the late William
Scott Manufacturer in Dundee and Tutor and Curator for William Scott her eldest son,
William Easson Grocer Murraygate Dundee, Mrs Margaret Mirren or Cochrane widow of the
late Robert Cochrane Druggist Murraygatre Dundee and Charles Nicholson Brushmaker in
Dundee
2
2. The said Tenement of land which consists of a Shop or ground story and three stories
above is situated at the top and on eh East side of Peter Street Dundee.
3. The Tenement of Land referred to is in a dilapidated, ruinous and dangerous state, the
north wall of which being rent from top to bottom and unless taken down and re-built or
otherwise secure danger to life and limb may be anticipated and although the Petitioner has
called upon the several Respondents to take down and re-build or otherwise secure the said
wall to prevent it from falling yet they reuse or at least delay to do so. A copy of the
Petitioners Letter of date the Sixteenth Current is herewith produced and referred to.
J. A. McEwen
Pleas in Law
1. The Tenement of land complained of being in a ruinous, decayed, dangerous and rent
condition ought to be taken down and re-built or otherwise secured so as to secure the
lieges from danger.
2. The Respondents or such of them as shall appear to be the true owners or proprietors of
the said Tenement of land are liable in all costs and Charges attending the taking down and
re-building or otherwise securing the said Tenement of land Complained of if the same shall
be found to be in an way ruinous or dangerous and also liable to the Petitioner in the
Expenses of this application and procedure to fallow hereon.
In respect whereof
J. A. McEwen
Procurator fiscal Drawn by me.
6 High Street
Dundee 16th December 1861
Burgh of Dundee
As Procurator Fiscal in the Guild Court of the Burgh of Dundee I beg to give you notice that
the North wall of the tenement of land of which your are part owner or agent situated on the
East side of Peter Street and partly occupied by Emily Gilruth or Cruickshank, Mrs
Fairweather & others within the said Burgh rent from top to bottom is in a ruinous and
dangerous condition & requires to be taken down and re-built or otherwise secured to
prevent it from falling and I hereby require you within three days from the receipt thereof to
cause said work to be done.
In default of your compliance with this notice such proceedings as are necessary will be
taken.
I am your obedient Servant
J. A. McEwen
Mrs Margaret Cochrane
2 Peter Street
Dundee 20th December 1861
The Dean of Guild in presence of the Petitioner and Mr William Scott Town Architect visited
and inspected the subjects mentioned in the Petition; and having resumed consideration
they appoint a copy of the Petition and of the Pleas in Law and Statement of Facts
subjoined to be intimated by the Officer of Court to the therein designed Mrs Margaret
Cross or Scott, William Easson, Mrs Margaret Mirren or Cochrane and Charles Nicholson
and they to lodge answers thereto if they any have with the Clerk of Court within Forty
eight hours after service with Certification.
James Kennedy
Dean of Guild
21st December 1861
Upon the Twenty first day of December Eighteen hundred and sixty one years between the
hours of seven and eight o’clock evening by virtue of the forgoing Deliverance dated at
Dundee the Twenty first day of December and year aforesaid pronounced by the
Honourable the Dean of Guild of the Royal Burgh of Dundee on a Petition presented to him
for and in name of James McEwen Writer in Dundee and procurator Fiscal of Court for the
public interest I James Baird Dean of Guild Officer passed and lawfully served a true copy
of said Petition, Statement of Facts, Pleas in Law and Deliverance on each of the therein
3
designed Mrs Margaret Easson or Scott residing at Forebank Dundee, Widow and Executrix
of the late William Scott Manufacturer in Dundee and Tutor and Curator for William Scott
her eldest Son, William Easson Grocer Murraygate Dundee, Mrs Margaret Mirren of
Cochrane Widow of the late Robert Cochrane Druggist Murraygate Dundee and Charles
Nicholson Brush Maker Dundee the owners of a tenement of Land as set forth in the
Petition, this I did by delivering a true Copy pf said Petition, Statement of Facts and Pleas in
Law and Deliverance to each of the Respondents personally and desired and required them
to lodge answers thereto if they any had in the hands of the Clerk of Court within Forty
eight hours after Service with Certification, this done in presence of James Baird Junior
residing in Dundee, Witness.
James Baird D. G. Officer
James Baird Witness
21st December 1861
Answers for Mrs Margaret
Morrison or Cochrane Druggist
Murraygate Dundee Respondent
To the Petition
James McEwen Writer Dundee
& Procurator Fiscal of Court
for the Public Interest
Petitioner
V
Mrs Margaret Cross or Scott
Residing at Forebank Dundee and others Respondents
Answers to the Petitioners Statement of Facts
1. Admitted that a tenement as here described exists at the top of Peter Street Dundee and
that the Respondent is Proprietor of a flat of it, Quad ultra denied.
2 Admitted.
3.Admitted that the wall referred to is somewhat cracked. Quod ultra denied under
reference to the Respondents Statement of Facts.
Statement of facts for the Respondents
1. On 16th December current the Responded (who is not the Widow of the late Robert
Cochrane as erroneously designed in the Petition) received the Notice from the Petitioner
herewith produced. On 18th December thereafter her Agents with the Petitioners in terms of
the letter of that date a copy of which is herewith produced and on the 19 th of same month
after having inspected the property and Consulted with Mr Fulton Town Surveyor who they
understand had objected to the wall as in disrepair and they wrote the Petitioner in terms of
the letter of that date a copy of which is produced. In these letters the Respondent offered to
do every thing which the property required in the estimation of the Dean of Guild or those
appointed by him. The Respondent expressed himself satisfied with the offer made in these
letters but notwithstanding the Petition was subsequently served on the 21 st December
current. The Respondent non judicially repeats her said offer.
2. The whole proprietors of the tenement in question have not been called as parties to the
Action; but all of them as well as he Respondent had offered before the action was raised to
do what was necessary in repairing the premises.
Pleas in Law
1. All parties have not been called & the respondent is improperly designed within the
Petition.
2. The Respondent & all the other Proprietors having offered & arranged to do every thing
which could be asked of her & them and that immediately the present action is ruinous,
oppressive and uncalled for.
3. In the whole circumstances the Respondent is entitled to absolvitor with expenses.
Mrs S. Thain
4
Resps Pror
23rd December 1861
Answers for Mrs
Margaret Cross or Scott
residing in Forebank
Dundee Respondent
In the Petition
James McEwen Writer
in Dundee and Procurator Fiscal of Court
for the Public Interest
Petitioner
Against
The said Mrs Margaret
Cross & others Respondents
Answers to the Petitioners Statement of Facts
1. Admitted that a tenement as here described exists at the top of Peter Street Dundee.
denied that the Respondent is part owner of it. Denied that the Respondent is Tutor or
Curator for William Scott her eldest son.
2. Admitted.
3. Admitted that the wall referred to is somewhat cracked. Quod ultra denied.
Statement of Facts for Respondent
1. On or about the sixteenth December current the Respondent received a Notice from the
Petitioner that the property referred to was insecure and requiring her to get the same
repaired within three days. She immediately handed the letter to her brother Mr John Cross
Merchant Dundee and the latter on behalf of the Owner of the flat erroneously alleged to
belong to the Respondent waited upon the said Petitioner within the said three days and
offered to do immediately whatever the Dean of Guild of the Tradesmen he should appoint
or suggest to be done in the way of repairing the Wall in question. The Petitioner expressed
himself satisfied therewith and the first notice the Respondent afterwards receive was in the
twenty third December current by the service of the Petition which is of the unnecessarily
length of twelve pages. The whole other proprietors of the property had also agreed ay once
to do what was required of them.
Pleas in Law
1. The Respondent is not competently called to this Action.
2. The Respondent not being owner of the property referred to falls to be assoilzied with
expenses.
3. The owner of the flat referred to having through Mr Cross offered to do whatever the
Dean of Guild advised and the other Proprietors of the property having all made a similar
offer before the service of he Action the same is ruinous uncalled for and oppressive.
4. In the whole circumstances the Respondent is entitled to absolvitor with expenses.
In respect whereof
Wm. L. Thain
Respts pror
Dundee 22
January 1862
The Dean of Guild of consent of parties allows the Minute now tendered by the Petitioner to
be received and the Respondents Mrs Cochrane and Mrs Scott to answer the same if so
advised.
James Kennedy D.G.
22nd January 1862
Minute for James McEwen
5
Writer in Dundee Procurator
Fiscal of the Dean of Guild Court
In Causa
At his instance against
Mrs Cochrane & Mrs Cross
The Petitioner begs leave to say that since Answers were lodged the Stay bands have
been pipit in, in terms of the arrangement made at the visitation.
As there were several proprietors and the property not having been secure in terms of the
Petitioners Letter on 16th December he had no course to follow but to present the Petition;
indeed it was Mrs Cochrane who sent for the Petitioner and complained of the danger an
when the Petitioner saw Mr Scott he quite approved of the proposal and told the Petitioner
who to call so he is the party at fault if the true proprietor be not called. Reference is made
to the Correspondence between the Petitioner and Messers Paul & Thain subsequent to the
date of the Petition a copy of which is produced.
As the matter resolves itself entirely into a matter of Expenses the Petitioner is quite willing
hat your Honor will dispose of these without making up a record provided the Respondents
agree but it must be borne in mind that no appearance has been made for Mr Eason and
Mr Nicholson.
In respect whereof
J. A. McEwen
Pror fiscal drawn by me.
January 1862
Answers for Mrs Margaret
Morren or Cochran
To
Minute for James McEwen
I.C.
the said James McEwen
against
Mrs Scott and other
The Respondent admits that she sent notice to the Petitioner as to the state inn
which the property was in order that the might call upon the other Proprietors to assist in
having it repaired. The Petitioner having accordingly issued his letter of the sixteenth
December and the whole Proprietors having immediately undertaken to repair the Property
the Petition presented to the Court was altogether unnecessary and uncalled for. The
Property has now been repaired without any order to that effect in Process so that the
Process has answered no purpose save to incur expenses.
In these circumstances the Respondent submits that the Petitioner should be found
liable in expenses.
Wm L. Thom for Defr
The following paper has been written hurriedly for the benefit of the Clerk only and is
particularly difficult to transcribe. As a result several words may have been deciphered
wrongly.
Guild Court
Fiscal vs Cross & others
Notes for the Appnce
This Notice had been instituted at the instance of the Procurator Fiscal and is
directed against Mrs Margaret Cross or Scott Widow and as alleged Tutor and Curator for
William Scot her eldest son, Margaret Eason or Cochran as is alleged erroneously designed,
Charles Nicolson as the owner of a tenement of Land on the east side of Peter Street;
concluding that the Respondents above named ought on a Report of Tradesmen to be
appointed by the Court whether or not the same or any part thereof is in an insecure or
dangerous state and what in the opinion of the Reporters should be done with the North
wall of the Tenement for the safety of the Lieges.
6
It was maintained by the Respondent Mrs Easson or Cochran that the walls of the
Tenement were connected Arches. Denied quoad ultra denied the pleas that all parties
intended and the Respondent Mrs Scott it has been maintained that she is not part owner
of the Tenement of that she is Curator to her named son. No appearance has been made by
Mr Alexander Nicolson or by Mr W. Easson
The Dean of Guild before granting Warrant to site the parties appeared on a
visitation which was approved by the Petitioner and Mrs Cochran. The Dean of Guild was of
opinion that the Tenement mentioned was not by any means in a dangerous state his
suggestion that they should be placed Iron Bolts joined as was observed by Mr William
Scott Architect Dundee which the Dean of Guild consented. The Respondents however
having failed to secure the Iron Bolts mentioned and the expense of process the Petitioner
incurred and (word illegible) to proposed the Dean of Guild on 21 December 1861 Grants
Warrant to (word illegible) favor.
The Dean of Guild understands that it is the wish of parties that he should desire
the different wishes extra judicially . The Dean can only say that if he shall be instrumental
in doing the (word illegible) without incurring penal expenses he will be much pleased. It
therefore appears to the Dean that the Wall of the Tenement in general was not in a state of
danger or in any way approaching to it; but that the Respondent Mr Cochrane required the
Petitioner to indite the process in the in the belief noting that the wall was faulty. It was
therefore by the interference of the Party that the expence was incurred. The Dean of Guild
refused the prayer that the Petitioner produce an account of the expenses incurred by him
for taxation the one half of hem to be deducted and decern be given again & Mrs Cochran of
the other half (word illegible) craves that the other Respondents Scott, Nicolson and Easson
be (word illegible) from the conclusion of the action. The Dean of Guild appoints the prayer
to be with the Clerk of court for six days for the inspection of parties.
Inventory of Productions
For
Mr Cochrane
I.C.
James McEwen Petr
Vs
Mrs Scott & ors Respts
1. Notice served on the Respondents at the instance of he said James McEwen.
2. copy Letter by Paul & Thain to the said James McEwen.
Guild Court
Fiscal to Scott and others
1. Petition.
2. Copy letter by the Petitioner to William Easson & ors.
33. Answers for Mrs Scott
4. Inventory of productions two in number.
5. Answers for Mrs Cochran.
6. Minute for the Petitioner.
Account of Petitioners Expenses
In causa
Dean of Guild Court
V
Scott, Cochrane, Easson & Nicolson
1861
Dec 20
Instructions to raise action. Writing letter to the parties of preliminary (word
illegible)
Paid of letters
Drawing Petition 5 sh
Copy for Court 5 sh
Agency procuring deliverance advising petition
Paid D.G. Clerk for citing Interlocutor
7
10.
0.
12.
5.
5.
0.
0
4
0
0
6
6
21
1862
Jan 22
25
Feby 15
19
Attending visitation
D. G. Clerk dues of -doOfficer -doAgency on Interlocutor ordering service
D. G. Clerk dues of Warrant
Borrowing & fee
Making 4 copies of Petition & Warrants of Service 6 sh each
Instructing officer to serve
Officers fee for serving
Writing Messers Paul & Thain fully on reply to their letter of this date in the
part of Mrs Scott stating that I had called for unwarrantably & pointing out
to them that I got the information from her Mother
Borrowing process & fee
5.
5.
1.
3.
2.
1.
1. 4.
3.
10.
0
0
6
6
6
6
0
6
8
2. 6
1. 6
Drawing Minute on and denying Statements in Answers & reporting that
repairs now made 1 sh
Clean Copy 1 sh
Paid Lodging 1/- for lodging 1/Attending hearing before the Dean of Guild today in hour of order when Mr
Thain craved to be allowed to answer herewith
Ordering Caption for process
Attending hearing before the Dean of Guild today on hearing of order
Fee on Interlocutor ordering amount of Expenses to be lodged and ac of
expenses of fitting up Iron rods
D. G. Clerk dies of Intimation
Writing out acc of Expenses
D. G. Clerk dues of Lodging of accs
Fee on Interlocutor disposing of the case
8
5. 0
1. 0
2. 0
5. 0
2. 6
5. 0
5.
0.
1.
2.
3.
6.15.
6
6
6
0
6
0