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Dunlop Street 1970D

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Springwell Place 1860

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Avenue Square  and Institute Hall c:1910

BLENCH CHARTER , CONDITIONS PLACED ON LOCAL COUNCIL WHEN THEY WERE GRANTED THE USE OF THE HALL

MRS HELEN ETHEL McDOWALL OR CUNINGHAME OF DUCHRAE, IN FAVOUR OF THE PROVOST & MAGISTRATES AND COUNCILLORS OF THE BURGH OF STEWARTON. RE;- THE CUNINGHAME INSTITUTE - STEWARTON. LAWYER; - JOHN C. BRODIE & SONS

I, HELEN ETHEL McDOWALL OR CUNINGHAME OF DUCHRAE IN THE STEWARTRY OF KIRKCUDBRIGHT, WIDOW OF RICHARD JOHN CUNINGHAME ESQUIRE OF LAINSHAW IN THE COUNTY OF AYR AND OF DUCHRAE AFORESAID, HERITABLE PROPRIETRIX OF THE SUBJECTS HEREINAFTER DISPONED.

WHEREAS THE SAID RICHARD JOHN CUNINGHAME SOME TIME PREVIOUS TO HIS DEATH CAUSED THE SAID SUBJECTS UPON WHICH THE CUNINGHAME INSTITUTE STEWARTON, IS ERECTED TO BE OFFERED AS A GIFT TO THE PROVOST, MAGISTRATES AND COUNCILLORS OF THE BURGH OF STEWARTON FOR THE USE OF THE PUBLIC ON THE CONDITIONS HEREINAFTER EXPRESSED, AND THE SAID PROVOST, MAGISTRATES AND COUNCILLORS AGREED TO ACCEPT OF THE SAME. AND WHEREAS THE SAID SUBJECTS HAVING, WITH OTHERS, BEEN CONVEYED BY THE TRUSTEES OF THE SAID RICHARD JOHN CUNINGHAME TO ME AS HIS RESIDUARY LEGATEE, IT IS RIGHT AND PROPER THAT IN ORDER TO GIVE EFFECT TO SAID GIFT, I SHOULD GRANT THESE PRESENTS IN MANNER UNDERWRITTEN.

THEREFORE I HEREBY GIVE GRANT AND IN BLENCH FORM DISPONE TO AND IN FAVOUR OF THE SAID PROVOST, MAGISTRATES AND COUNCILLORS OF THE BURGH OF STEWARTON INCORPORATED UNDER THE 'BURGH POLICE (SCOTLAND) ACT' 1892, AS AMENDED BY THE 'TOWN COUNCILS (SCOTLAND) ACT' 1900 AND THEIR SUCCESSORS IN OFFICE ALL HEREINAFTER REFERRED TO AS 'THE SAID TOWN COUNCIL' HERITABLY AND IRREDEEMABLY ALL AND WHOLE THAT PIECE OF GROUND IN AVENUE STREET AND AVENUE SQUARE, STEWARTON, IN THE PARISH OF STEWARTON AND COUNTY OF AYR, EXTENDING TO TWENTY FIVE POLES, TWENTY THREE YARDS AND THREE FEET, OR THEREBY IMPERIAL MEASURE, AND BOUNDED AS FOLLOWS, VIZ., ON THE WEST AND SOUTH-WEST BY AVENUE STREET AFORESAID, ALONG WHICH IT EXTENDS ON THE WEST, DISREGARDING THE BREAKS, FORTY EIGHT FEET FIVE INCHES OR THEREBY AND ON THE SOUTH-WEST FIFTY ONE FEET THREE INCHES OR THEREBY, ON THE NORTH-WEST BY THE CENTRE LINE OF A MUTUAL GABLE BETWEEN THE SAID PIECE OF GROUND AND SUBJECTS BELONGING TO JAMES KERR, LIVERPOOL.

ALONG WHICH IT EXTENDS TWENTY FEET THREE INCHES OR THEREBY, ON THE NORTH BY SUBJECTS BELONGING TO THE SAID JAMES KERR, ALONG WHICH IT EXTENDS SIXTY THREE FEET TEN INCHES OR THEREBY, ON THE EAST FOR A DISTANCE OF SIXTY FIVE FEET THREE INCHES OR THEREBY, ON THE SOUTH FOR A DISTANCE OF TWO FEET OR THEREBY, AND AGAIN ON THE EAST FOR A DISTANCE OF THIRTY SIX FEET NINE INCHES OR THEREBY, ALL BY SUBJECTS BELONGING TO JOHN SKEOCH, SPINDLE MANUFACTURER, STEWARTON, AGAIN ON THE SOUTH FOR A DISTANCE OF EIGHTEEN FEET FIVE INCHES OR THEREBY, AGAIN ON THE EAST FOR A DISTANCE OF ONE FOOT NINE INCHES OR THEREBY AGAIN ON THE SOUTH FOR A DISTANCE OF TWENTY FIVE FEET ONE INCH OR THEREBY, AGAIN ON THE WEST FOR A DISTANCE OF ONE FOOT NINE INCHES OR THEREBY AND AGAIN ON THE SOUTH FOR A DISTANCE OF EIGHTEEN FEET FIVE INCHES OR THEREBY, ALL BY AVENUE SQUARE AFORESAID, ALL AS THE SAID PIECE OF GROUND IS DELINEATED AND COLOURED PINK ON THE PLAN ANNEXED AND SUBSCRIBED BY ME AS RELATIVE HERETO, TOGETHER WITH THE PERTINENTS OF THE SAID PIECE OF GROUND, AND THE BUILDINGS KNOWN AS THE CUNINGHAME INSTITUTE ERECTED THEREON; BUT ALWAYS WITH AND UNDER AND SUBJECT TO ALL SERVITUDES OR EASEMENTS AND OTHER BURDENS, IF ANY, AFFECTING THE SAID SUBJECTS, AND ALSO WITH AND UNDER THE CONDITIONS, RESTRICTIONS, PROHIBITIONS AND OTHERS FOLLOWING VIZ.,

FIRST. THAT THE BUILDINGS ON THE SAID PIECE OF GROUND SHALL IN THE FUTURE, AS IN THE PAST, BE KNOWN AS THE CUNINGHAME INSTITUTE,

SECOND. THAT THE SAID BUILDINGS, WITH THE EXCEPTION OF THE CARETAKER'S HOUSE, SHALL IN ALL TIME COMING BE HELD BY THE SAID TOWN COUNCIL FOR THE USE OF THE PUBLIC AS READING ROOMS, LIBRARY, HALL AND RECREATION ROOMS, AND SHALL BE MADE AVAILABLE BY THEM ON SUCH TERMS AS THEY MAY CONSIDER REASONABLE, NOT ONLY TO INHABITANTS OF THE BURGH OF STEWARTON, BUT ALSO TO PERSONS RESIDENT IN THE LANDWARD PART OF THE PARISH OF STEWARTON; AND THE SAID TOWN COUNCIL SHALL NOT HAVE POWER TO USE THE SAID BUILDINGS FOR ANY OTHER PURPOSES THAN THOSE ABOVE SPECIFIED WITHOUT THE CONSENT IN WRITING OF ME OR MY HEIRS OR SUCCESSORS, SUPERIORS OF THE SAID PIECE OF GROUND.

THIRD, THAT THE SAID TOWN COUNCIL SHALL BE BOUND TO KEEP THE SAID BUILDINGS AT ALLTIMES IN GOOD ORDER AND REPAIR, AND INSURED TO THEIR FULL VALUE AGAINST LOSS BY FIRE,

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AND IN THE EVENT OF THE SAID BUILDINGS, OR ANY PART THEREOF, BEING BURNED DOWN, THE SAID TOWN COUNCIL SHALL BE BOUND, WITHIN A REASONABLE TIME, IN NO CASE EXCEEDING TWO YEARS THEREAFTER TO EXPEND THE WHOLE SUMS RECEIVED FROM THE INSURANCE COMPANY IN REBUILDING THE SAME; AND FOURTH;- THAT THE SAID TOWN COUNCIL SHALL BE BOUND TO MAKE RULES AND REGULATIONS FOR THE USE BY MEMBERS OF THE PUBLIC OF THE SAID READING ROOMS, LIBRARY, HALL AND RECREATION ROOMS, AND TO SEE TO THE DUE ENFORCEMENT OF SUCH RULES AND REGULATIONS,. WHICH CONDITIONS, RESTRICTIONS, PROHIBITIONS AND OTHERS ARE HEREBY DECLARED TO BE REAL BURDENS UPON AND AFFECTING THE SUBJECTS HEREBY DISPONED, AND ARE APPOINTED TO BE INSERTED IN ANY NOTICE OF TITLE OR NOTARIAL INSTRUMENT TO FOLLOW HEREON, AND TO BE REPEATED AT LENGTH OR VALIDLY REFERRED TO IN ALL FUTURE INVESTITURES AND DEEDS OR DOCUMENTS OF TITLE AND TRANSMISSION OF OR RELATING TO THE SAID SUBJECTS, OR ANY PART THEREOF, UNDER PAIN OF NULLITY OF ANY WRIT FROM WHICH SUCH REPETITION OR REFERENCE IS OMITTED, DECLARING THAT IN THE EVENT OF THE SAID TOWN COUNCIL FAILING TO IMPLEMENT THE OBLIGATIONS OR CONTRAVENING OR FAILING TO OBSERVE, COMPLY WITH AND PERFORM ANY OF THE CONDITIONS, PROHIBITIONS, RESTRICTIONS AND OTHERS HEREIN WRITTEN, THEN IN THE OPTION OF ME OR MY FORESAIDS, SUPERIORS FORESAID, NOT ONLY EVERY ACT AND DEED OF CONTRAVENTION SHALL BE NULL, AND VOID, BUT THE RIGHT HEREBY GRANTED AND ALL THAT HAS FOLLOWED, OR MIGHT BE COMPETENT TO FOLLOW THEREON SHALL ALSO BE NULL AND VOID, AND THE SAID SUBJECTS SHALL THEREUPON REVERT TO ME OR THE FORESAIDS WITHOUT ANY PAYMENT OR COMPENSATION AND WITHOUT ANY DECLARATOR OR OTHER PROCESS OF LAW TO THAT EFFECT.

WITH ENTRY AS ON THE TWELFTH DAY OF FEBRUARY, NINETEEN HUNDRED AND TWENTY FOUR, NOTWITHSTANDING THE DATE HEREOF TO BE HOLDEN THE SAID SUBJECTS BY THE SAID TOWN COUNCIL OF AND UNDER ME AND MY FORESAIDS, AS IMMEDIATE LAWFUL SUPERIORS OF THE SAME IN FREE BLENCH FORM, FEE AND HERITAGE FOR EVER, PAYING THEREFORE YEARLY THE SUM OF ONE PENNY SCOTS IN MANNER OF BLENCH DUTY AT WHITSUNDAY YEARLY UPON THE GROUND OF THE SAID SUBJECTS IF ASKED ONLY. AND I ASSIGN THE WRITS BUT TO THE EFFECT ONLY OF MAINTAINING AND DEFENDING THE RIGHT OF THE SAID TOWN COUNCIL IN THE SUBJECTS HEREBY DISPONED, AND FOR THAT PURPOSE.