1865 October 15
Unto the honourable the
Dean of Guild of the Royal
Burgh of Dundee
The
Petition of William
Gilbert Don Merchant
in Dundee and residing in Broughty Ferry, Alexander Jefferson Buist Spinner in
Dundee and residing
in Broughty Ferry and
John Don Merchant in
Dundee and residing
in Broughty Ferry Copartners carrying on
business in Dundee
and elsewhere as Merchants Spinners and
Manufacturers under the
firm name or designation of Don Brothers Buist and Company and Trustees for
behoof of themselves as
partners of the said
Company according to
their respective rights
and interests in the Capital Stock of the same.
With the consent and
Concurrence of the said
Alexander Jefferson
Buist as a individual and of Miss Jane
Buist and Isabella
Buist residing at
Hamilton in the County of Lanark for all
their several and respective rights and interests in the premises
and in the subjects after mentioned Petitioners
Humbly Sheweth
That the petitioners the said William Gilbert Don, Alexander Jefferson Buist and
John Don as Co-partners and Trustees aforesaid lately purchased from the said Alexander
Jefferson Buist as an individual certain heritages belonging to him lying to the North side of
Willison Street Dundee and stretching from that Street to the Ward Road Dundee all as the
same are particularly specified and described in the Disposition made and granted by John
Paton Junior Merchant in Dundee and others Trustees original and assumed of the
deceased James Buist Merchant and flax Spinner in Dundee in favor of the said Alexander
Jefferson Buist dated sixteenth and eighteenth July Eighteen hundred and fifty one and in
the Instrument of Sasine &c kept for the Burgh of Dundee the first day of May Eighteen
hundred and fifty two both of which Deeds are herewith produced and referred to.
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That the said William Gilbert Don, Alexander Jefferson and John Don as Copartners and Trustees aforesaid also lately purchased from the said Alexander Jefferson
Buist as an individual and from the said Jane Buist and Isabella Buist for their respective
rights and interests therein certain heritages belonging to them for their respective rights
and interests lying immediately to the Westward of those heritages already herein before
mentioned and referred to and also lying to the North side of said Willison Street from that
street to the Ward Road Dundee all as the said heritages so purchased from the said
Alexander Jefferson Buist, Jane Buist and Isabella Buist last herein mentioned are specially
described under the first head of the Disposition made and granted by David Davidson
Esquire Treasurer and in name of the body corporate and politic constituted by Act of
Parliament by the name and Company of the Bank of Scotland for their behoof and
Commissioner duly empowered by and on behalf of the said Governor and Company
conform to Commission in his the said David Davidson’s favor mentioned in the said
Disposition with the special advise and consent of the parties mentioned in the Disposition
in favor of the said Jane Buist and Isabella Buist jointly and the survivor of them which
Disposition is dated the Second, fourth and thirteenth days of June Eighteen hundred and
sixty four and is along with the Warrant of Registration thereon recorded in the Register if
Sasines kept for the Burgh of Dundee the thirteenth day of July Eighteen hundred and
sixty four and which Disposition is also herewith produced & referred to.
That the Petitioners the said William Gilbert Don, Alexander Jefferson Buist and
John Don Co-partners and Trustees as aforesaid are in course of getting their title to the
said heritages therein before mentioned and purchased by them as aforesaid duly
completed. And in the meantime they are desirous with consent of the other Petitioners the
said Alexander Jefferson Buist as in individual and the said Jane Buist and Isabella Buist
to erect a portion of the said heritages so purchased and acquired by them the said first
mentioned Petitioners a Spinning Mill and Toofall, Engine and Boiler Houses and Chimney
Stalk conform to Plans thereof all as herein after mentioned.
That the heritages purchased by the said first mentioned Petitioner as aforesaid are
bounded on the South by Willison Street Dundee; on the North by the Ward Road Dundee;
on the West by certain heritages purchased and acquired by the said first mentioned
Petitioners Co-partners and Trustees aforesaid from the said second mentioned Petitioners
for their respective rights and interests therein and forming the subjects second described
in the Disposition granted by he said David Davidson Treasurer and Commissioner
aforesaid with the advice and consent aforesaid to the said Jane Buist and Isabella Buist
herewith produced: and on the East by the subjects partly belonging to the said first
mentioned Petitioners Co-partners and Trustees aforesaid partly to Alexander Leask
Registrar in Dundee, partly to the reverend Thomas Hill Minister of Willison Street Free
Church Congregation, Robert Aitken Mudie Ship Owner in Dundee and to certain other
parties whose names and unknown to the Petitioner as Trustees for behoof of the parties
interested in that Church known by he name of Willison Church fronting Barrack Street
Dundee and partly by William Smellie Cabinet Maker in Dundee.
That the property lying immediately to the North of the said Ward Road which road
is the Northern boundary of the Petitioners said heritages and immediately opposite to the
said heritage belongs as the Petitioner is informed to William Kirkland Wood Merchant in
Dundee.
That the properties lying on the South side of Willison Street the Southern boundary
of the said Petitioners said heritages and immediately opposite to the said heritages
belonging partly to the first mentioned Petitioners as Co-partners and Trustees foresaid and
partly to Alexander Greig Malcolm Esquire Flax Spinner Kirkcaldy Trustee of the late Mrs
Margaret Peddie or Brown and Miss Elizabeth Peddie and partly as they are informed to
Peter Hean Builder in Dundee, David Cooper presently Slater in Dundee now residing in
Dundee and the said William Smellie.
That the said first named Petitioners with the consent and concurrence of the said
second named Petitioners for all their right and interests are desirous to erect upon that
portions of their said heritages which is coloured yellow on the plans herewith produced a
Spinning Mill and Toofall, Steam Engine and Boiler Houses and Chimney Stalk all conform
to Plans of the same prepared by David Carmichael Engineer Dundee and David Gemmel
Inspector of Works to the first mentioned Petitioners. And in carrying out the said Buildings
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it will be necessary for them to have the use of a part of Willison Street opposite to their
said property for laying down materials and other purposes connected with said work.
The said Petitioners therefore make the present application to your Lordship praying
That it may please your Lordship to appoint a Copy of this Petition
and of your deliverance thereon to be served on James Allan
Esquire one of the Town Councillors of the Royal Burgh of Dundee
and Convener of the Committee for the Property belonging to the
said Burgh for himself and on behalf of the Magistrates and Town
Council of the said Burgh as representing the community of said
Burgh and also on the said Alexander Leask, Thomas Hill, William
Robert Don, William Smellie, William Kirkland, Alexander Greig
Malcolm, Peter Hean and David Cooper and to appoint them to
lodge answers thereto it they any have within a short space after
service to be fixed by your Lordship and upon resuming
consideration of this Petition with or without Answers may it
please your Lordship to grant warrant to the said first named
Petitioners with the consent as aforesaid of the said other
Petitioners to erect the said Spinning Mill and Toofall, Steam
Engine and Boiler Houses and Chimney Stalk on the heritages
belonging to the said first named Petitioner as aforesaid conform
to the said Plans thereof herewith produced and which are here
specially referred to; and farther may it please your Lordship to
authorize the said first Named Petitioner to occupy a part of said
Willison Street opposite to the Petitioners said property for laying
down materials and otherwise for said purposes. And in the event
of any opposition being offered hereto may it please your Lordship
to find the parties making the same liable in the whole expenses
thereby occasioned to the Petitioners or to do otherwise in the
premises and to your Lordship may seem proper.
According to Justice &c
Will, Don
Procurator for the Petitioners
Dundee 17th October 1865
The Dean of Guild having considered the said Petition appoints a copy thereof and of this
deliverance to be served upon the therein designed James Allan, Alexander Leask, Robert
Aitken Mudie, William Smellie, William Kirkland, Alexander Greig Malcolm, Peter Hean and
David Cooper and appoints them to lodge answers thereto if they any have with the Clerk of
Court within four days after service with Certification.
James Kennedy Dean of Guild
18th October 1865
Upon the Eighteenth day of October Eighteen hundred and sixty five years I James Baird
Dean of Guild Officer Dundee lawfully served each of James Allan, Alexander Leask, Robert
Aitken Mudie, William Smellie, William Kirkland, Peter Hean. David Cooper and Alexander
Greig Malcolm before named and designed with a true Copy of the foregoing Petition with
the Deliverance by the honourable the Dean of Guild following thereon in order that they
may not pretend ignorance of the same and required them to lodge Answers thereto if they
any had with the Clerk of Court and that within four days after said Service on them with
Certification. This I did by delivering a just Copy of said Petition and the deliverance
thereon to each of the said James Aitken, Alexander Leask, William Smellie, Robert Aitken
Mudie, David Cooper and Peter Hean all Personally and by Leaving a like true copy of said
Petition and deliverance for the said William Kirkland in the hands of a Servant within his
Dwelling place Oak Lodge Constitution Road Dundee to be given to him because I could not
find himself personally and by leaving a like Copy thereof for the said Alexander Greig
Malcolm in the hands of Henry Gibson Writer Dundee of Walker & Gibson Writers Dundee
the known Agents of the said Alexander Greig Malcolm who holds the same as served which
Copies were each and severally signed by me did bear the date hereof and Contained the
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Name and Designation of James Baird Junior Residenter in Dundee Witness and hereto
with me Subscribing on this and the preceding page.
James Baird Dean of Guild Officer
James Baird Jr Witness
19th October 1865
Upon the Nineteenth day of October Eighteen hundred and sixty five years I James Baird
Dean of Guild Officer Dundee lawfully Served a true Copy of the foregoing Petition and the
deliverance thereon by the Honourable the Dean of Guild of the Royal Burgh of Dundee
upon James Hill before named and designated in order that the may not pretend ignorance
of the same and required him to lodge Answers thereto if he any have with the Clerk of
Court and that within four days after service with certification. This I did by Delivering a
true Copy if this Petition and Deliverance thereon to the said Thomas Hill Personally which
Copy was Signed by me and did bear the date hereof and Contained the name and
Designation of James Baird Junior residenters in Dundee Witness and hereto with me
Subscribing.
James Baird Dean of Guild Officer
James Baird Jr Witness
26th October 1865
The Dean of Guild appoints a visitation of the subjects mentioned in the Petition to take
place on Friday the twenty seventh current at ten o’clock forenoon and the Petitioners of
their Procurator to attend accordingly.
Thomas Nicoll D.G.
27th October 1865
The Dean of Guild having visited the subjects mentioned in the Petition and resumed
consideration thereof to which no Answers have been lodged by the Respondents Grants
Warrant to the Petitioner with consent of Alexander Jefferson Buist Spinner in Dundee as
an individual and of Misses Jane Buist and Isabella Buist residing in Hamilton in the
County of Lanark as mentioned in the Petition to erect a Spinning Mill and Toofall and
Steam Engine and Boiler Houses and Chimney Stalk upon the portion of the Petitioners
said heritage which is coloured Yellow in the Plans provided as described in the Petition in
conformity with the said Plans produced and subscribed by the Clerk of Court upon the
seventeenth October current. Farther Grants Warrant to the Petitioners to enclose a portion
of Willison Street opposite their said property to the extent of seven feet six inches
measuring from the front line of said subjects for the purpose of laying down such materials
(word burnt) in carrying through said operations. But appoints them for the safety of the
Lieges to enclose said space with a close wooden paling of sufficient height and properly
lighted with Gas from sunset until sunrise until said operations are completed and the said
paling removed; the enclosure to be erected at the sight and to the satisfaction of John
Fulton Town Surveyor. Finds the Petitioner liable in the payment of the dues of extract to be
ascertained at extracting and decerns.
Thomas Nicoll D.G.
Unto the Honourable
the Dean of Guild of the
Royal Burgh of Dundee
The Petition of
William Gilbert Don Merchant in Dundee and residing in Broughty Ferry, Alexander Jefferson
Buist Spinner in Dundee and residing in or
near Broughty Ferry
and John Don Merchant
in Dundee and residing
in Broughty Ferry Co4
partners carrying on business in Dundee and
elsewhere as Merchants
Spinners and Manufacturers under the firm
name or designation of
Don Brothers Buist and
Company and Trustees
for behoof of themselves
as partners of the said
Company according to
their respective rights and
interests in the Capital
Stock of the same
Humbly Sheweth
That the Petitioners as Co-partners aforesaid are proprietors of certain heritages to
which they are in course of completing their title and which heritages lye of the East side of
Lindsay Street Dundee and are particularly specified and described in and under the
second head of the Disposition made and granted by David Davidson Esquire Treasurer and
in name of the body corporate and politik constituted by Act of Parliament by the name of
the Governor and Company of the Bank of Scotland for their behoof and Commissioner
dully empowered by and on behalf of the said Governor and Company conform to the
Commission in his the said David Davidson’s favor mentioned in the said Disposition with
the special advice and consent of the parties also therein mentioned in favor of Misses Jane
Buist and Isabella Buist residing in Hamilton in the Country of Lanark jointly and the
survivor of them from whom and the Petitioner the said Alexander Jefferson Buist as an
individual the Petitioners Co-partners and Trustees aforesaid have purchased the said
subjects and to which they are in course of completing their titles as already stated which
Disposition is dated second fourth and thirteenth days of June Eighteen hundred and sixty
four and is along with the Warrant of Registration thereon recorded in the Register of
Sasines &c kept for the Burgh of Dundee the thirteenth day of July Eighteen hundred and
sixty four and is herewith produced.
That the Petitioners are desirous to erect upon the said heritages belonging to them
and to which they are in the course of completing their title as already mentioned certain
buildings conform to plans thereof hereafter mentioned.
That the said heritages so belonging to the said Petitioners and upon which they are
desirous to erect the said buildings are bounded on the West by Lindsay Street Dundee; on
the South by Willison Street Dundee; on the North by the Ward Road Dundee; and on the
East by the subjects belonging to the Petitioners themselves and forming those secondly
described in the Disposition granted by the said David Davidson as Treasurer and
Commissioner aforesaid with the advise and consent aforesaid to the said James Buist and
Isabella Buist herewith produced.
That the Proprietors of properties situated in Lindsay Street Dundee and who have
or may have a right and to the to be certiorated of the Petitioner intended erections to be
made by hem on the heritage belonging to them as aforesaid are so far as they know or
believe the following parties vizt: Peter Hean Esquire formerly Builder now residing at
Rosemount Dundee the said Peter Hean and Andrew Scott Esquire Builder in Dundee the
only Testamentary Trustees so far as known to the Petitioners of the now deceased
Alexander Hean Esquire formerly Builder in Dundee afterwards residing there the Reverend
David Cook residing in Dundee Minster of the Independent Church or Congregation
Assembly in Lindsay Street Chapel Dundee and James Horsburgh Merchant Dundee the
only parties known to the Petitioners as Trustees for behoof of the parties interested in the
said Church or Chapel known by the name of Lindsay Street Independent Church Dundee,
William Kirkland Esquire Timber Merchant in Dundee and Miss Mary Davidson residing at
Rose Cottage King Street Broughty Ferry, Thomas Kinnear Wright in Dundee, and William
Nicoll Lime Merchant in Dundee as the only known Trustees of the now deceased David
Davidson Auctioneer in Dundee.
That the Petitioners are desirous to erect upon the heritages belonging to them as
foresaid certain buildings and erections conform to Plans of the same prepared by David
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Carmichael Engineer in Dundee and David Gemmel Inspector of Works to the Petitioners.
And on carrying out the said buildings it will be necessary for them to have the use of a
part of Willison Street and a part of Lindsay Street opposite to the Petitioners said property
for laying down materials and for other purposes connected with the said work.
The Petitioner therefore make the present application praying That it may please
your Lordship to appoint a Copy of this Petition and of your Deliverance thereon to be
served on James Allan Esquire one of the Town Councillors of the Royal Burgh of Dundee
and Convener of the Committee for the Community to the said Burgh for himself and on
behalf of the Magistrates and Town Council of the said Burgh as representing the
Community of he said Burgh and also on the said Peter Hean as an individual and as
Trustee foresaid and upon the said Andrew Scott, David Cook, James Horsburgh, William
Kirkland, Mary Davidson, Thomas Kinnear and William Nicoll and to appoint them to lodge
Answers thereto if they any have within a certain short space after service to be fixed by
your Lordship and upon resuming consideration of this Petition with or without Answers
May it please your Lordship to grant Warrant to the Petitioner to
erect the foresaid buildings in the heritages belonging to them as
aforesaid conform to the said plans thereof herewith produced and
which are here specially referred to and farther may it please your
Lordship to authorise the Petitioners to occupy a part of said
Willison Street and Lindsay Street opposite to the Petitioners
property for laying down materials and others for said purpose. and
in the event of any opposition being offered hereto May it please
your Lordship to find the parties making the same liable in the
whole expenses thereby occasioned to the Petitioners or to do
otherwise or further in the premises as to your Lordship may seem
proper.
According to Justice
Will. Don
Procurator for the Petitioners
Drawn by me.
Dundee 30th December 1865
The Dean of Guild having considered the forgoing Petition Appoints a copy thereof and of
this deliverance to be served on the therein designed James Allan, Peter Hean, Andrew
Scott, David Cook, James Horsburgh, William Kirkland, Mary Davidson, Thomas Kinnear
and William Nicoll and appoints them to lodge Answers thereto if they any have with the
Clerk of Court within four days after service with Certification.
Thomas Nicoll D.G.
13th December 1865
Upon the thirteenth day of December Eighteen hundred and sixty five years I James Baird
Dean of Guild Officer Dundee lawfully served a true copy of the foregoing Petition and the
Deliverance to the Honourable the Dean of Guild following thereon upon each of Peter
Hean and Andrew Scott as Individuals and as Trustees of the now deceased Alexander
Hean late Builder Dundee, James Allan, William Kirkland, Thomas Kinnear, David Cook,
James Horsburgh, Mary Davidson and William Nicoll in order than they may not pretend
ignorance of the same and required them to lodge Answers thereto if they any had with the
Clerk of Court and that within four days after service on them with Certification; This I did
by Delivery of a just Copy of said Petition and Deliverance thereon to each of the said Peter
Hean, Andres Scott, James Horsburgh, Mary Davidson, James Allan and Thomas Kinnear
all personally and by Leaving a full Copy of said Petition and Deliverance following therein
for each of the said William Kirkland, David Cook and William Nicoll in the hands of a
Servant within their respective dwelling places for William Kirkland Oak Lodge
Constitution Road Dundee for David Cook Springfield Dundee and William Nicoll East
Dock Street Dundee to be given to them because I could not find themselves personally
which Copies were each and severally signed by me and did bear the date hereof and
contained the name and designation of James Baird Junior residenters in Dundee with me
hereto subscribing on this and the two preceding pages and also on the margin hereof.
James Baird
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James Baird Jr Witness
Dundee 4th January 1866. The Dean of Guild appoints a visitation of the subjects
mentioned in the petition to take place on Monday the eighth current at half past ten
o’clock forenoon and the Petitioners or their Procurators to attend accordingly.
Thomas Nicoll D.G.
Dundee 16th January 1966. The Dean of Guild having visited the Subjects mentioned in
the Petition and resumed consideration thereof to which no Answers have been lodged by
the Respondents Grants Warrant to the Petitioners to erect upon the heritages contained
on the Petition certain buildings as described therein in conformity with the Plans
produced and subscribed by the Clerk of Court upon the thirteenth day of December last
and allows them to enclose a portion of Willison Street opposite their said property to the
extent of seven feet six inches measuring from the street line of said subjects and also to
enclose a portion of Lindsay Street opposite their said property extending one hundred and
sixty five feet from the corner of Willison Street and Lindsay Street to the extent of twelve
feet measuring from the street line of said subjects for the purpose of laying down such
materials as may be required and carrying through said operations. But appoints the
Petitioners for the safety of the Lieges to enclose said respective spaces with a close
wooden paling of sufficient height and properly lighted with gas from sunset till sunrise
until said operations hall have been completed and the said paling removed. As also to lay
down a Platform and hand rail outside said enclosure in Lindsay Street in the usual
manner for the use of Passengers the enclosure to be made and lighted at the sight and to
the satisfaction of John Fulton Town Surveyor Dundee.
Thomas Nicoll D.G.
27th April 1866
The Dean of Guild having visited the subjects mentioned in the Petition and resumed
consideration thereof. On the (word burnt) Petitioners Grants warrant to and allows the
Petitioner to enclose a portion of Lindsay Street opposite their said property extending one
hundred feet from the corner of South Ward Road and Lindsay Street to the extent of
twelve feet measuring from the street line of the subjects for the purposes of laying down
materials as my be required in carry through the operations authorised by Interlocutor of
Court date 16 January 1866. But appoints the petitioners for the safety of the Lieges to
enclose said space with a close wooden paling of sufficient height and properly lighted with
gas from Sunset till Sunrise until said operations shall have been completed and the
paling removed. As also to lay down a Platform and hand rail outside said enclosure in
Lindsay Street in the usual manner for the said purpose the enclosure to be made and the
lights at the sight and to the satisfaction of John Fulton Town Surveyor Dundee. Farther
Finds the Petitioners liable in payment of the dues of extract to be ascertained at
extracting and decerns;
Thomas Nicoll D.G.
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