CWM-1/17 Tack of Ardnagaul, Earl of Breadalbane to Patrick Campbell, 1770

^[cover] Ardnagaul
Tack
The Earl of Breadalbane
and Lord Glenorchy
To
Patrick Campbell
1771
Rent £16
^[1]It is contracted and agreed between John
Earl of Breadalbane heritable proprietor of the
lands and others after mentioned, and John
Lord Glenorchy his only son & apparent heir,
on the one part, and Patrick Campbell
in Achincallan in Glenorchy, on the other part,
In manner following, That is to say, the
said Earl and Lord have set, and by these presents
for the yearly tack-duty and other prestations
aftermentioned, let to the said Patrick Campbell
his heirs & successors (secluding Assignees & Sub-
tenants without the consent of the said Earl &
Lord) All and whole the Inclosure & grazing
of Ardnagall, as the same is presently possessed
by himself, with the houses, biggings, yards,
mosses, muirs, meadows, shealings, and whole perti-
nents thereof. lying within the parish of Killin
& Shire of Perth, and that for the space of full
Twenty one years from his entry, which
is hereby declared to have been & begun, (notwithstand-
ing this date) at the term of Whitsunday last Imvij
& seventy. With power to him during the continu-
ance of this tack, to occupy, possess & enjoy the
said lands with the pertinents freely & quietly with-
out any impediment whatsoever. Which tack
the said early and Lord, bind & oblige them their heirs
& successors, to warrant to the said Patrick Campbell
and his aforesaids at all hands and in every
event Breadalbane
Glenorchy
Pat: Campbell
^[2]event. For the which causes and on the other
hand the said Patrick Campbell binds obliges him
his heirs, Executors and successors & intromitters
with his goods & gear whatsoever to pay the said
noble Earl & to his heirs male & Successors, or to his
or their Chamberlain of Breadalbane, for the time,
being, the sum of Sixteen pounds Sterling money yearly
in name of tack-duty, Including therein Land-tax
ministers stipend, schoolmasters salary and other
publick burdens due & payable out of the said
lands, Beginning the first year’s payment thereof
as at Martinmas last for the year between the
said term of Whitsunday last & Whitsunday next
Imvij & Seventy one, being fore-hand rent, and
so on yearly during this lease, with a fifth part
more of the said tack-duty of penalty in case of
failure, and the due & ordinary annualrent thereof
from the respective terms of payment during the
not payment of the same. And further the said
tacksman binds & obliges him & his aforesaids,
to keep up & maintain all the houses & dykes
on the said lands in good repair and to leave
them sufficient at his removal, under comprise-
ment, And also that he shall not keep
upon the premises above the just & allowed
soums of Cattle, viz. Sixty Cows and four horses,
under the penalty of ten shillings yearly to be paid
by to their Lordships for each soum he shall
keep Breadalbane
Glenorchy
Pat: Campbell
^[3]above the aforesaid respective numbers, And
likewise to keep and preserve the woods & plant-
ing on the said lands, he being allowed timber for
his houses & farming utensils out of his Lordships
woods at sight of the wood-officer, conform to
use & wont. And it is hereby expressly pro-
vided and declared, that there shall be a brake
or breach at the end of every seven years from
the commencement of this tack, optional to any
of the parties concerned. And both parties
oblige themselves & their aforesaids to perform
their respective parts of the premises reciprocally
to one another, and the party failing to pay to
the party observing or willing to observe, Fifty
pounds Sterling, over & above performance. Con-
senting to the registration hereof in the books
of Council & Session or others competent, to have the
strength of a decreet, that diligence pass thereon as
effeirs. They constitute
Their prors In witness whereof these
presents written on this & the two preceeding pages of stamped
paper by Patrick Campbell writer at Edinburgh are sub-
scribed by the said Earl & Lord at Edinburgh the
Twenty fourth day of January One thousand Seven
hundred & Seventy years, Before these Witnesses James
Lea & Charles McFarlane servants to the said Earl
And by the said Patrick Campbell at Achincallan the
Twenty ninth day of the said month & year, Before these Witnesses
Colin Campbell his Son & Duncan McIntyre Servant to the sd. Tacksman
James Lea witness x Breadalbane
Chas. Macfarlane Witness x Glenorchy
Colin Campbell Witness Pat: Campbell
Duncan McIntyre witness