Transcript of the Declaration of Trust of the Kirkcudbright Harbour Cottage Trust


AT EDINBURGH the Thirtieth day of January Nineteen hundred and fifty eight the Deed hereinafter reproduced was presented for registration in the Books of the Lords of Council and Session for preservation and is registered in the said Books as follows:- 


Considering that it became known in July 1955 that the owners of the cottage hereinafter described, believing that the structure was dangerous, wished to demolish same and had obtained permission from the Dean of Guild for the Burgh of Kirkcudbright to do so: that a number of persons, believing that this would be a loss to the amenity of the Burgh, a public meeting was called on 12 September 1955 at which support for an appeal for the preservation of this cottage was obtained: and an approach having been made to the National Trust for Scotland for places of historic interest and natural beauty, who having examined the building and its relation to the neighbouring buildings, used their good offices and it was arranged that demolition should be withheld: that a public subscription was opened and funds at First September Nineteen hundred and Fifty Seven totalling £1,903:3:1d had been received or promised: that the cottage was acquired by the trustees aforementioned by gift and the building was made safe at an estimated cost of £1,559 and an estimated balance of £454:3:1d remained in the hands of the trustees who wish their appointment and powers formally regulated, and it is accordingly expedient to execute these presents: 

1. Therefore we 
Mrs. Lena Lees Duncan, 17 Castle Street, Kirkcudbright, 
William Walker Holroyd, Mayfield Hotel, Kirkcudbright, 
Mrs Dorothy Johnston, 15 Castle Street, Kirkcudbright, 
Ian Scott MacDonald, Bank of Scotland House, Kirkcudbright, 
Alexander Frederick Murray, 5 Castle Street, Kirkcudbright, 
Mrs. Elinor Drinkwater Rutherford, Oakley, Kirkcudbright,
Samuel Hyslop Seggie, 129 High Street, Kirkcudbright,
do hereby declare that we accept office as Trustees of the fund, which shall be called the 
"Kirkcudbright Harbour Cottage Trust". 

2. The purpose of the Trust is the upkeep and maintenance in perpetuity of the cottage known as the Harbour Cottage, in the Burgh of Kirkcudbright, for the purpose of preserving an old building and the amenity of the group of which it forms part. 

3. The number of trustees holding office at any one time shall not exceed nine. The Trustees shall retire by rotation, one trustee retiring on the first day of September in each year, and the place of the retiring trustee shall be filled by co-option by the remaining trustees, who may co-opt the retiring trustee. 

4. The trustees shall appoint a secretary and treasurer, which offices may be held by the same person, to carry out the normal duties pertaining to their offices. 

5. The funds in the hands of the trustees shall be invested in accordance with the rules present and future for trustee investments in Scotland. 

6. Accounts shall be regularly kept, they shall be audited yearly and submitted at a meeting of the trustees within two months of the closing date of the accounts, and thereafter be available for public inspection. The Treasurer shall open such Bank Accounts as may be prescribed by the Committee, who shall direct in what manner they are to be operated on. 

7. The trustees shall have full power to collect funds in whatever manner seems good to them. 

8. The trustees shall so far as possible use the premises to further the Arts in the widest meaning of the term, and in this connection, may either make use of the premises themselves or let same for long or short periods. 

9. In the event of the trustees not having in their charge sufficient funds to enable them to carry out or to carry out adequately the purposes of the Trust, power is reserved to the trustees to offer and pass the property and any assets of the Trust to the National Trust for Scotland for places of Historic interest or natural beauty or to the Provost, Magistrates and Councillors of the Royal Burgh of Kirkcudbright on their undertaking the purposes in clause 2 hereof. 

10. Any matter not regulated herein shall be regulated as required by the trustees so resolving at a meeting by a simple majority; 

IN WITNESS WHEREOF these presents are subscribed to by us Mrs. Lena Lees Duncan, William Walker Holroyd, Dorothy Johnston who subscribed "Dorothy K Johnston," Ian Scott MacDonald, Alexander Frederick Murray, Mrs. Elinor Drinkwater Rutherford, and Samuel Hyslop Seggie, all at Kirkcudbright the Twenty fourth day of January Nineteen hundred and Fifty Eight before these witnesses, Jean Smith, Shorthand Typist, residing at 12 Mersecroft, Kirkcudbright, and Cynthia Maxwell Welsh, Clerkess, residing at 72 Millflats, Kirkcudbright. 







Harbour Cottage Trust

is a Scottish Charity

Registration Number SC O14415