GEORGE CONDIE v ALEXANDER STEWART (Court of Session)

A meeting of certain proprietors in the county of Perth (24 Nov. 1818) interested in a proposed turnpike road between the village of Dunning and the Yetts of Muckart in the same county, named ‘a committee to procure subscriptions for the purpose of proceeding to make the aforesaid road without delay; and, when filled up to the extent of the estimated expense, the meeting recommend to their committee to procure from Mr Drysdale a proper specification and section of the road, and thereafter to advertise for estimates, and, when given in, to call another meeting of those interested.’

After this statement by the committee, the minutes bear, ‘That the meeting, after due deliberation, is unanimously of opinion that the work should proceed without delay; but, before advertising for estimates, the meeting instruct the committee to employ Mr Stevenson, or any other able engineer, to survey the proposed line of road, and to report to the committee, if the line pointed out by Mr Drysdale is the most advantageous that can be adopted for the convenience of the public.’

The meeting farther instructed the committee ‘to provide funds for carrying on the work, by procuring, in the meantime, a credit from some of the banks, or otherwise, for such sums as may be necessary for that purpose; the subscribers to the present line of road being always bound to grant them back-bonds, or other securities, for the amount of their respective subscriptions.’

The committee afterwards met (31st October 1819); and estimates for making the road, and building the bridges, ‘having been deliberately considered,’ they resolved to enter into an agreement with one of the offerers for part of the work; and the clerk was ordered to prepare a draft of a regular contract, to be laid before the first general meeting.

The minutes of this last meeting further bear, that ‘The meeting, considering the necessity of obtaining a credit from a bank for a sum of L.6000, for the purpose of carrying on the work, the meeting agree to apply to the Perth Banking Company and Perth Union Bank, for a cash credit of L.3000 each, and that the bonds should be signed by the committee before named; and that a back bond should be signed, at the same time, by all the other gentlemen concerned, ascertaining the extent of each person's obligation, in proportion to their respective subscriptions.’