Decreet, 29 December 1698, Edinburgh

Att Edinburgh the Elevinth day of Janwary J^aj vi^c nyntie eight yeirs

D1698/1/9

D1698/1/9¹

Act

Act Count Lessly

Anent the petitione given in to the Lords of his majestie privie Counsell be Patrick Cownt Lessly Shewing That wher the petitioner haveing obtained ane Decreit at his instance befor The Commissioners of Justiciarie for the Northerne district against James Donaldsone younger merchand in Elgine Decerning and ordaineing him to make payment to the petitioner of the Soume of Four Hwndereth and […] pwnds Scotts money as the price of ane horse Stollen from the petitioner in the moneth of Jwlly Last And alsoe in Satisfactione of the expenss and Dammadge expended and Sustained by the petitioner in recovering the said horse who was fownd in custodie of the said James Donaldsone And the petitioner haveing by vertue of the said decreit caused chairge the said James Donaldsone to make payment of the said Soume he hath presented a bill of Suspensione upon certaine frivolows and callwmmows reasones And which bill was ordained by ther Lordships interloquitor to have bein sein and ansuered by the petitioner But he not being upon the place himself and his procurators not being Sufficiently instrwcted in the said mater they delayed to give in answers till the petitioner Should be acqwainted But befor his return could be back at Edinburgh ther Lordships were pleased to pass the bill upon Sufficient Cautione And ther being no Cawtione yet fownd and this Suspensione being only intended to frustrat and delay the petitioners payment who is content Sumarly to discuss the reasones therof And Seing the petitioner hes reasone to beleeve that the decreit is not extracted Conforme to the warrands and that Severall depositiones are omited therin And that the prodwctione of the warrands would cleare the whole mater to ther Lordships And therfore humbly craveing ther Lordships to Stopp all furder expedny of the said Suspensione and to allow the petitioners answers to the reasones therof to be yet given in that soe the reasones may be discust on the bill And that the whole mater may be Laid open befor ther Lordships to grant warrand for citeing […]Donaldsone clerk to the process for exhibiteing in ther Lordships clerks hands the warrands and grownds of the said decreit As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione They heirby ordaine […] Donaldsone clerk to the Commissioners of Justiciary for the northerne district to exhibite and prodwce in the hands of the clerks of the privie Counsell the haill grownds warrands and minwts of the Decreit obtained at the instance of Cownt Lessly petitioner against James Donaldsone And that wpon the tenth day of Febrwary next to come And allowes Letters of dilligence to be direct heiron to the effect foirsaid and assignes the said tenth Day of Febrwary next to come to the petitioner and the said James Donaldsone Suspender to debate the reasones in the said bill of Suspensione and appoints them to have ther Lawwers readie at the Cownsell barr and to debaite as said is at the day forsaid And in the mean tyme Stopps the giveing owt of the Suspensione alreadie past at the Suspenders instance against the chairger upon the decreit charged on