Act, 28 December 1693, Edinburgh

Edinburgh The Twentie Sixth day of January J^aj vj^c nyntie thrie years

D1693/1/43

D1693/1/43¹

Act

Act John Howname younger.

Anent a Petition given in to the Lords of their Majesties privy Councill be John Howname younger merchant in Langholme Shewing That quher the saids Lords in the name of James Irving and John Wauch who alledged they hade deforced them in their seizure of ane barrell of Indigo belonging to the petitioner, Albeit the samen was duely entered, dutie payed and transyrie obtained and upon probatione led be the pursuars and advysed by the saids Lords they were found Innocent And seing the said waitters did seaz upon and carie away the said barrell of Indigo to the custome office at Alisone Bank in may last and still detaines the samen and has keept the petitioners in plea and process this six moneths bygone to their great damnadge and expenses per lichum cessans et damnum dinergens they being merchants, And that the said pursuars and the tacksmen of their majesties customes (who made use of the waitters names to oppress and ruine the petitioners Did necessitate them to Consigne in the saids Clerks hands the soume of Threttie Eight punds to have been given up to the pursuars incaice they hade succumbed in the forsaid actione Wheras the pursuars have Succumed and they are assoylzied as said is, And Therfore Humbly Craveing the saids Lords In Consideration of the premisses To ordaine the said pursuars and the tacksmen and the Collector at Alisone Bank to restore the said barrall of Indigo haill and intire as they tooke it from the petitioner or make payment of the soume of six pounds starling as ther worth and pryce therof, And Likewayes condemne them in large expenses for the great damnadge and expence Sustained by the petitioner and his uncle by the said Malitious and vexatious plea these Six moneths bygone, And in like maner to ordaine the Clerk to deliver up to the petitioner the forsaid thretie eight punds Consigned by the petitioner as said is The condition of Consignation therof never existed they haveing bein most Justly assoylzied by the saids Lords from the forsaid invidious and unjust complaint as the said petition bears. The Lords of their Majesties privy Councill Haveing Considered this petition given in to them be the above John Howname with a Counter petition given in be way of answer therto be the above John Wauch and James Irving They heirby give order and warrand to the Clerks of Privy Councill in whose hands the above soume of Threttie Eight punds Scots was Consigned to give up and deliver the same to the said John Wauch and James Irvine upon their suficient discharge therof And Remitts the point of the petitione anent the barrell of Indigo to the Lords Commissioners of their majesties thesaurie to be decyded and Determined by their Lordships, as they shall think fitt.