Act, 29 February 1700, Edinburgh

Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/221

Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/221

Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.