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‘And a copy of such transfer shall be inserted in the transfer book, and the purchaser shall subscribe a declaration of his acceptance of such share, subjoined to the said copy in the transfer book, in the form following, or some form to the like effect:
‘I, C.D. , having previously accepted of the above share, bind and oblige myself, and my heirs and assignees, to be bound and regulated by the whole rules and regulations with respect to the said property now in force, or that may in future be established in regard to the same, in conformity to the provisions in that behalf contained in an act of Parliament passed in the third year of the reign of his Majesty King George the Fourth, chapter,’ &c.
Under this act the pursuer was appointed clerk and cashier or collector for the commissioners for the eastern district of said premises. The late Lord Ashburton held two keys of the said gardens; and at the time of receiving them, the following obligation was inter alia subscribed by Mr Mowbray, writer to the signet, on behalf of his Lordship:
‘John Mowbray, W. S. for Lord Ashburton, the 4th day of February and year foresaid, (1822,) before George Dunbar Henderson, apprentice to the said William Bell, and the said John Batty Shand.
The Lord Ordinary repelled the defences, and decerned in terms of the conclusions of the libel, and found expenses due.
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Common Room
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