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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