Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie second day of December J^aj vi^c nyntie six yeirs

D1696/12/12

D1696/12/12¹

Act

Act Carnegie of Cookstowne

Anent the petitione given in to the Lords of his majesties privie Counsell be James Carnegie of Cookstowne Shewing that wher the petitioners father in anno J^aj vi^c Seventie thrie upon ane petitione founded on the Fourtie ane act of King Charles the Second his first Sessione of parliament intituled act for planting and incloseing of ground wherby power is given to heretors at the sight of Shirreffs Stewarts Lords of regalitie and others therin mentioned Conforme to ther respective Jurisdictiones to cast about high wayes to ther conveniencie provideing they doe not remove them above two Hundered ells Did obtaine ane Commissione from the Lords of his majesties privie Counsell to The Earles of Sowthesq and Eairlie The Lord Arbwthnet The Lairds of Eagle Balnamoon Innerearitie and Clava and to James Carnegie then Shirreff deput of Forfar or any thrie of them to meet and visite the Lands about the house of Cookstowne intended to be inclosed and the way passing ther through and to consider how the way might be conveinentlie removed such ane proportionall distance from the house of Cookstowne As the act of parliament allowes and to make report Be vertwe wherof The Earle of Southesq The Lairds of Eagle and Ballnamoon and James Carnegie Shirreff deput Did meet upon the foirsaid grownd and high way and efter visiteing the Samen and calling of all pairties haveing interest and find that the foirsaid grownd about the house of Cookstowne could not be inclosed and planted as was intented without removeing the high way And found the new way Designed to be granted not onlie to be within two hundered ells of the old way But to be farr dryer and nearer then the samen had bein Which report being made to and approven of by the Lords of his majesties privie Counsell They did grant ther warrand to the petitioners father to inclose the Lands lying about his house And to remove the old way conforme to the tenor of the report All which is verified and instructed by ther Commission And yet upon report therof therwith produced But John Carnegie his father never haveing prosecute this his designe And the petitioner intending imediatlie to inclose and plant the foirsaid grownd about his house of Cookstowne which can not be gotten Done But by removeing of the high way which Leads by his gate to the place formerlie designed And to the effect no person haveing interest may qwarrell his right in the prosecutione of the Samen as the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione with the act of Counsell in the petitioners fathers name Dated the tenth of August J^aj vi^c seventie five mentioned therin and produced therwith They in the termes of the said former act in favours of the petitioners father Doe heirby give warrand to the petitioner as by the said former act is given to his father to inclose the Lands lying about his house And appoints the old way to be removed to the place designed and Specified in the said act and report wherupon the act proceeds the same being within two Hundereth ells of the said old high way conforme to the act of parliament forsaid