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Thomas Galbreath - Court of Sessions Summons - 1776/7


Alex’r Sangster Linnen Draper in London and Alex’r Abercromby writer to the Signet his attorney
Ag’t
Thomas Galbraith merchant in New York

20 Febr. 1777  

George by the Grace of God King of Great Britain France and Ireland Defender of the Faith To Messengers at Arms our Sheriffs in that part Jointly and severally specially constitute Greeting Whereas It is humbly meant and shown to us by our Lovits Alexander Sangster Linnen Draper No.57 Bread Street Cheapside London and Alexr. Abercromby writer to our Signet his Attorney That when Thomas Galbraith merchant in New York is Justly indebted & vesting to the pursuer in the sum of Two hundred & Seventy pounds Seven Shillings and six pence Sterling for goods Shipt on his account upon the third day of December one thousand Seven hundred and Seventy four And True it is and of verity that the pursuer has oft and diverse times desired and required the said Thomas Galbraith to have made payment  to him of the foresaid sum of money yet nevertheless he refuses postpones and delays so to do unless compelled And therefore the said Thomas Galbraith ought and should be Decerned & ordained  by Decreet of the Lords of our Council and Session to make payment to the said pursuer or to his said attorney for his behoof of the foresaid sum of Two hundred and Seventy pounds Seven shillings and six pence Sterling with the legal Interest thereof from the third day of December one thousand Seven hundred and Seventy five being one year after the date of the furnishing and in time coming till payment And Lastly he ought and should be Decerned and ordained by Decreet of the said Lords to make payment to the said pursuer as his said attorney for his behoof of the sum of Fifty pounds Sterling or such other sum as our said Lords shall modify in name of Damages and Expences of proces after the form and tenor of the Laws and daily practice of Scotland used in the like cases in all points as is alledged Our Will is Therefore and we charge you that incontinent these our Letters seen ye pass and in our name and authority lawfully Summon warn and charge the said Thomas Galbraith personally or at his Dwelling place if within Scotland upon twenty one and six days warning for first and second diets and if furth thereof by open proclamation at the mercat cross of Edinburgh Pier and shore of Leith upon sixty and fifteen days warning for first and second diets To compear before the Lords of our Council and session at Edinburgh or where it shall happen them to be for the time the next to come in the hour of cause with continuation of days To answer at the instance of the saids ____ in the matter above labelled or else to alledge a reasonable cause in the contrary with certification the said Lords will proceed to Decern & ordain in manner foresaid according to Justice as ye will answer to us thereupon The which to do we commit to you and each of you Jointly and Severally our full power by these our Letters Delivering them by you duly Execute and indorsed again to the bearer Given under our Signet at Edinburgh the fourth day of December and of our reign the seventeenth year 1776

The pursuer is Alexr. Sangster Linnen Draper in London and Alexr. Abercromby writer to our Signet his attorney
James Marshall per Abercromby
4 Decr 1776


Upon the fourth day of December one thousand eight hundred & seventy six years; I John Cuming Messenger, by virtue & at Command of the within Lybelled Summons at the Instance of the within Alexander Sangster and Alexander Abercromby his attorney against the also within designed Thomas Galbraith, post to the market Cross of Edinburgh, the pier & Shore of Leith, respective & Successive the one after the other, and at Each of the said three places, after Crying of three several Oyesses, making open proclamation & publick reading of the said Summons, In his Majestys name & Authority, Lawfully Summoned, Warned & Charged the said Thomas Galbraith as being presently furth of Scotland To Compear before the Laws of Council & Session, place & days withinmentioned, for first & Second diets, in the hour of Cause, with Continuation of days, to answer at the Instance of the said pursuers in the matter within Lybelled and made Certification to him as is within directed: This I did Conform to the said Summons in all points a full double whereof to the will with a short copy of Citation subjoined thereto I affixed & left for the said Thomas Galbraith at & upon Each of the said Market Cross of Edinburgh, the pier & shore of Leith respectively, after using the Solemnities aforesaid; which several short copies of Citation were Signed by me, did bear the date hereof and Contained the date & Signeting of the said Summons with the Witnesses names & designations present at the haill premisses & hereto subscribing with me viz. Alexander Morison & John Sutherland both writers in Edinburgh. Three words in the fourth line of this Execution being delete before signing
Jno Cuming
Alex. Morison witness
Jno Sutherland witness  


Court of Session of Scotland Edinburgh
The National Archives of Scotland - Ref :- CS29/1777/2/26




 

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