of the will of the late Sir Alexander Johnston as aforesaid into and upon the said premises to hold the said premises unto and to the use of the said Secretary of State his successors and assigns but nevertheless upon the trusts and for the ends intents and purposes and with under and subject to the powers provisions agreements and declarations here. inafter declared and contained of and concerning the same and the said Patrick Francis Campbell Johnston doth hereby for himself his heirs executors and administrators covenant with the said Secretary of State his successors and assigns that he the said Patrick Francis Campbell Johnston hath not done or knowingly suffered or been party or privy to any thing whereby the said premises or any part thereof are is or can be impeached incumbered or affected in title or otherwise and this Indenture also witnesseth that in further performance of the said agreement and for effectuating the said desire of the said Patrick Francis Campbell Johnston it is hereby agreed and declared that the said Secretary of State and his successors shall from time to time and at all times hereafter receive and take the rents issues and profits arising from the said premises and after payment thereout of all costs charges and expenses as hereinafter provided will pay and apply the clear residue of such rents issues and profits for the founding and due and proper maintenance and support of two or more scholarships to be called the Johnston of Carusalloch Scholarships to be held by natives of the said district of Madura of any class caste or religion being matriculated students of the said University of Madras and to be elected according to such scheme and under such rules as shall be hereafter framed by the Vice-Chancellor and Fellows for the time being of the said University of Madras or according to such further amended or other scheme and under such further amended or other rules as shall for the time being be in force in respect of the said proposed scholarships provided always and it is hereby agreed and declared that it shall be lawful for the Vice-Chancellor and Fellows for the time being of the said University of Madras at any time or times hereafter to change alter or amend the scheme and rules with respect to the said proposed Johnston of Carusalloch Scholarships so to be framed by them as aforesaid in such manner as they may think fit and it is hereby agreed and declared that the said Secretary of State and his successors shall at all times hereafter by such ways or means as he or they shall in his or their absolute discretion think fit order or direct the manage. ment and improvement of the said premises and shall keep up and maintain the same in good order and repair when not tenanted and in order thereto that it shall be lawful for the said Secretary of State and his successors to purchase such materials and other articles and things as shall be requisite or necessary for the due and proper repair and keeping in tenantable condition of the said premises and to pay such sum or sums of money for the salary or salaries or wages of such person or persons as he or they shall think proper to employ as hereinafter mentioned and also that it shall be lawful for the said Secretary of State and his successors to fell or cut down any timber or wood that now is or hereafter shall or may be growing upon the said premises or any part thereof and to employ the same in or for the benefit of the said premises or any part thereof or to sell the same and the money arising from the sale thereof shall be considered as part of the rents and profits of the said premises and shall be applied accordingly and for the several purposes aforesaid or any of them to employ from time to time such agents workmen and servants upon such terms and in such manner as he or they shall think proper and generally to do or cause to be done all such acts and things respecting the management and improvement of the said premises as he or they might or could do if he or they have the absolute ownership thereof and also that it shall be lawful for the said Secretary of State and his successors at his or their discretion from time to time to demise or let the said premises or any part or parts thereof either from month to month or else for any term or terms of years not exceeding twenty-one years in possession or commencing within six Calendar months after the date of the lease at such monthly rent or rents and upon such terms stipulations and agreements in all other respects as the said Secretary of State and his successors shall in his or their discretion think fit and it is hereby agreed and declared that the said Secretary of State and his successors shall at all times hereafter apply the rents and profits of the said premises in such manner as he or they shall think proper in or towards the expenses of management maintenance repairs and improvements in or to the said premises and subject thereto shall hold and apply the residue of the said rents issues and profits in manner herein before declared. In witness whereof the said Patrick Francis Campbell Johnston hath hereunto set his hand and seal the Senate of the said University of Madras have caused the common seal of the said University of Madras to be hereunto affixed and the Honorable the Governor of Fort Saint George in Council acting for and on behalf of the said Secretary of State hath hereunto caused the official seal of the Government of Fort Saint George to be affixed the day and year first above written. Schedule to which the above written Indenture refers. Firstly all that piece and parcel of land together with the Messuage or tenement and dwelling house out-offices stables godowns and other buildings erected and built and now standing and being thereon and commonly called or known as the "Tunkum" situated in the villages of Tallacolum and Chanagery in the Taluq and district of Madura and in the subregistration and registration district of Madura bounded on the north side thereof partly by a cross road leading from the river Vaigay to the Trichinopoly road and partly by Alaga Pillai's punjah land Numbers 173 and 174 on the east side thereof by the punjah land Number 1 held by Solamalai Muttein M. Curpanen and Aiganen, on the south side thereof partly by Vellai Melai Andi's punjah land Number 1 and partly by the said cross road, and on the west side thereof by the said cross road and containing together in the whole by admeasurement Thirteen Acres and Twenty-six thousand Eight hundred and thirty-six square feet be the same little more or less and all which said piece or parcel of land buildings and premises were formerly in the occupation of H. F. Clogstoun, Esq., but are now in the occupation of Lieutenant R. Smith, Executive Engineer. Secondly. All that piece or parcel of land together with the several buildings and other erections erected and built and now standing and being thereon situated in the said Villages of Tellacolum and Chanagery in the said Taluk and district of Madura and in the said subregistration and registration district of Madura bounded on the North-east and West sides thereof respectively by Government waste land Number 172 and on the south side thereof by the Tunkum road and containing together in the whole by admeasurement Thirteen thousand six hundred and sixty-eight square feet be the same little more or less and all which said last mentioned piece or parcel of land and buildings are now and have for several years past been occupied and enjoyed as forming part of the said piece or parcel of land, buildings and premises firstly herein before particularly described and were formerly in the occupation of the said H. F. Clogstown but are now in the occupation of the said Lieutenant R. Smith. Signed sealed and delivered by Henry George Prichard as the duly constituted Attorney of the above named Patrick Francis Campbell Johnston in the presence of Patrick Francis Camp. оо Presented between 4 and 5 p. m. on 6th May 1872 in the Office of the Registrar Madras by Henry G. Prichard. Execution admitted by Patrick Francis Campbell Johnston of Carusalloch in the County of Dumfries in Scotland Esquire by his Attorney Henry George Prichard. (Signed) A. A. GORDON, M. A., Registrar, University Madras. Known personally to the Registrar. 6th May 1872. (Signed) J. G. FERRAND, Registrar. Registered as No. 1041 of Book 1, Vol. 58, pages 421 to 427. 7th May 1872. (Signed) D. S. WHITE. Ag. Registrar for Registrar, |