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