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13 June 1797.
6 July 1803.
inserted, “ upon the Death of the said Kenneth M*Kenzie, the Petitioner's Mother Lady Isabella M'Kenzie fisted herself a Party in the conjoined Actions;” and the Cause having been taken by Lord Swinton Ordinary, to report on mutual Memorials, the Court was pleased on this Date to pronounce this Interlocutor: “The Lords admit Lady sabella M'Kenzie, as Defender in the one, and Pursuer in the other of the above mentioned Declarators, and conjoin the same;” and upon the Report of the Lord Swinton, and having advised the Memorials for the Parties, in regard to the Patronages of the Parishes of Rosemarhie, Suddie, Alness, Urquhart, Urray, Anderseer, Killichrift, Kinette alias Kinaltie, Cromarty, Cullicudden, and Kirkmichael, in the Declarator, at the Instance of the Lord Advocate, they repel the Defences and decern, and declare accordingly ; and in the Counter Declarator assoilzie the Defenders therein and decern. to the Patronages of Tain and Fodderty, in respect of the Charter and Novodamus 1704, the Lords sustain the Defences in the Declarator at the Instance of the Lord Advocate; and in the Counter-Declarator repel the Defences and decern, and declare accordingly; and in respect of the Titles founded on by the Family of Cromarty, as to the Patronage of Edderton, and the Possession following thereon, sustain the Defences in the Declarator, at the Instance of His Majesty's Advocate, and in the Counter-Declarator decern and declare accordingly; and in regard to the other Patronages, (videlicet) Lochbroom, Logie Easler, Kilmuir Easter, Kilmuir Wesler, Killernar, Kincardine, and Rosekeen, the Lords remit to the Lord Ordinary to hear Parties Procurators farther, and to do therein as he shall see just: That reclaiming Petition having been put in for both Parties against this Interlocutor, the Court was pleased of this Date “to remit the same to the Lord Ordinary.” That the Third Paragraph in the said Petition and Cross Appeal, beginning “By various other Interlocutory Judgments,” and ending “Arderster,” ought to be struck out, and what follows inserted, “That Lord Bannatyne was thereafter pleased to pronounce this Interlocutor: “The Lord Ordinary having heard Parties Procurators, finds that the Crown has Right and Title to the Advocation, Donation, and Patronages of the Parishes and Churches of Suddie, Kincardine, Ardersier, Killernan, Urquhart, Killichrift, and Urray united, Edderton, Kinnettes alias Kinaltes, Cromarty, Rosemarkie, Cullicudden united to Kirkmichael and Alness; and in the A&tion in which His Majesty's Advocate is Pursuer finds, decerns, and declares, in Terms of the Conclusions of the Libel thereanent accordingly; and repels the Defence relative thereto, pleaded for Mrs. Maria Hay M*Kenzie and Edward Hay M*Kenzie her Husband, but assoilzies them from the A&tion in so far as regards the Advocation, Donation, and Right of Patronage of the Parishes and Churches of Fodderty, Tain, and Lochbroom, and decerns; and before Answer as to the Advocation, Donation, and Patronage of the remaining Parishes of Kilmuir Woffer, united to Suddie, Logie Easter, and Rosekeen, ordains the said Defenders to slate the Title or Grounds upon which they claim Right thereto, in a Condescendence, and lodge such Condescendence in the Clerk's Hands against the First of September next; and when lodged, allows His Majesty's Advocate to see the same, and ordains him to give in Answers thereto against the Second Box Day in the ensuing Vacation: And in the Counter A&tion of Declarator insisted in at the Instance of the said Mrs. Maria Hay M*Kenzie and her Husband against the Officers of State, finds that the said Mrs. Maria Hay Mokenzie and her Husband for his Interest have Right and Title to the Advocation, Donation, and Patronage of the said Parishes and Churches of Fodderty, Tain, and Lochbroom ; and finds, declares, and decerns in Terms of the Conclusions of the Libel thereanent accordingly, and repels the Defence relative thereto pleaded for the Defenders; but assoilzies them from the A&tion so far as concerns the Advocation, Donation, and PaVol. XLVII.
tronage of the Parishes and Churches specially before mentioned, to which the Crown is herein-before found to have Right and decerns.” And your Petitioner having put in a Representation against this Interlocutor, which was followed by Answers for His Majesty's Advocate, Lord Bannatyne pronounced this Interlocutor: “The Lord Ordinary having considered the Representation with Answers thereto, and whole Process, in respect the Parties differ as to the Question, whether with respect to the Patronages of Suddie, Kincardine, and others mentioned in the Charter 1636, it may not be competent to the Representer, in Consistency with that Part of the Judg
12 May 1804.
ment of the Court which finds that the Bishop of .
Ross, under, that Charter, had a preferable Right to that of Sir George M. Kenzie, under the Charter 1656, to shew that the Effect of that Right was worn off, and a prescriptive Right acquired in Opposition thereto, in so far as the Representer can instruct as to all or any of the Parishes, her Predecessors having been in uninterrupted Exercise of the Right of Patronage for a Length of Time sufficient to support that Plea; before Answer as to that Point, allows her in the Condescendence already allowed to be lodged, with regard to the Patronages not contained in that Right, but to which in so far as a proper Title thereto is not instructed by her, may yet notwithstanding her alledged Titles belong to His Majesty jure corona, to state at the same Time before Answer as to the Point above noticed, in so far as she can alledge an uninterrupted Exercise of the Right of Patronage by her Predecessors for the Space of Forty Years; and that, independent of the Exercise had by the Crown during the Forfeiture, the Facts and Circumstances by which she proposes
lodged within Fourteen Days.” A Condescendence was accordingly put in, which was answered by the
Lord Advocate; and the Ordinary pronounced this,
Interlocutor: “ The Lord Ordinary having resumed
12 June 1805.
Confideration of this Representation with the An-.
swers thereto, and of the Condescendence and Answers since lodged, in Compliance with the Appoint. ment contained in the Interlocutor of 12th May
18c4; in respect that when the Parties differ so ma-. terially in the Understanding of that Judgment, under. which the Cause has been remitted to him, and .
which it was the Object of the Judgment represented against to obtain Ground for applying; it appeared
to him that the Question, how soon the Parties had. complied with that Opportunity, which has been
offered in ordering that Condescendence, and appointing it to be answered, by bringing forward every Averment which they might judge material to support their different Rights, under that View which they severally entertain of the Points determined, or left open for Consideration, to bring the Case again under the Consideration of the Court, with which View appoints the Parties to prepare and lodge Informations on the whole Cause, which he hereby authorizes to be seen, interchanged, printed, and put into the Boxes against the First Sederunt Day in July next ; and as an Appendix to that, on the Part of the Defenders, recommends to them to print Excerpts of the different Deeds and Records referred to as establishing these Acts of Possession, on which they found the Plea of a prescriptive Right.” Informations were put in for both Parties; on advising which the Court, on this Date, pronounced the following Interlocutor: “Upon Report of Lord Bannatyne, and having advised the mutual Informations for the Parties, the Lords find, that the Defender (i. e. the Respondent) has right to the Patronages in question, which are not contained in the Bishop's Charter in 1636, being those of Kilmuir Joster, Kilmuir Easter, Logie / ester and Easier, and Rosekeen; find that the Defender has a separate Right to these Patronages, as well as to the Patronage of Kinnettes and the Chaplainries of Alness, in virtue of the Charters from the Crown in 1678
- 3 Y “ and
Dated 2 o and figned 26 November 1806.
“ Answers, Writings produced, and former Proceedings, “ and advised the whole; find, that the Defender Mrs. “ Maria M'Kenzie has Right to the Patronages of “Parishes of Edderton, Killernan, Killichrift and Urray, “ and Kincardine, and decern and declare accordingly “ in the A&tion at her Instance, and assoilzie her from “ the Counter A&ion, at the Instance of His Majesty's “Advocate, against her, in so far as regards these four “Patronages; and decern.” That the above Interlo“ cutors, in so far as the Petitioners are aggrieved “ thereby, ought to have been complained of in the “ said Cross Appeal: and therefore praying, That their “ Lordships will be pleased to order, that they may have “Leave to amend their said Cross Appeal, by making “ thereon the Alterations above set forth, and inserting “ therein the Interlocutors above recited, of the whole “ Lords of 25th May and 13th June 1797, the said * Interlocutors of Lord Bannatyne, of 6th July 1803, of “ 12th May 1804, and of 12th June 1805, and the said “ Interlocutors of the whole Lords of 20th November “ and 15th December 1806, and of 30th June 1807 and “ 23d February 1808.”
It is ORDERED, That the Petitioners be at Liberty to amend their said Cross Appeal, by making thereon the Alterations above set forth, and inserting therein the Interlocutors above recited, of the whole Lords of 25th May and 13th June 1797, the said Interlocutors of Lord Bannatyne, of 6th July 1803, of 12th May 1804, and of 12th June 1805, and the said Interlocutors of the whole Lords of 20th November and 15th December 1806, and of 30th June 1807 and 23d February 1808, as desired.
Upon reading the Petition and Appeal of John Willan, complaining of a Decree of the Court of Chancery, of the 24th Day of April 1807, and of an Order of the said Court of the 9th Day of May 1809, affirming the same, made in a certain Cause, wherein JPilliam Willan, Nephew and Devisee of John Willan Esquire deceased, and John James Willan an Infant, by the said William Willan his Father and next Friend, were Complainants; and John Willan, Elizabeth Willan Widow, William Harrison Whittington, William Christopher Stewart, and Tho*as Thorpe, were Defendants; and praying, “ That “ the same may be reversed, and the Bill of the Com
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Aćt for making Provision for such of “ the Sub Registrars or Deputy Registrars of the High “Court of Chancery, as from Age or Infirmity shall be “ afflićted with perimanent Disability, and be incapaci“tated for the due Execution of their Office; and for “ making further Provision for the Two Seniors of the “ said Registrars, for the Clerks in the Registrars “Office, for the Master of the Report Office, and for “ providing additional Clerks in the Report Office of “ the said Court; and for making other Payments and “Regulations in respect of the said Offices.”
Borthwick Peerage, Consideration of Report deferred.
Ds. Upper Osory.
Hodie 3' vice letta es: Billa, intituled, “An Aćt for “ making and maintaining a Road over Horley Common, “ in the County of Surrey, to a Place called Black “Corner, and from thence to join the Brighthelmson “Turnpike Road at Cuckfield, in the County of “Sussex.”
Hodie 3' vice leóla est Billa, intituled, “An A&t for “ making Provision for such of the Sub-Registrars or “Deputy Registrars of the High Court of Chancery, “ as from Age or Infirmity shall be afflićted with per“ manent Disability and be incapacitated for the due “ Execution of their Office; and for making further “Provision for the Two Seniors of the said Registrars, “ for the Clerks in the Registrars Office, for the Master “ of the Report Office, and for providing additional “Clerks in the Report Office of the said Court, and “for making other Payments and Regulations in re“ spect of the said Offices.”
Hodie 3' vice lefla off Billa, intituled, “An A&t for Warwick and
“ amending, altering, and enlarging the Powers of the
“ several Aćts relating to the Warwick and Napton
“Canal Navigation.” -
Napton Canal Dili :
And Messages were, severally, sent to the House of Commons, by Mr. Stanley and Mr. Steele:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
To return the said Bills, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships defire their Concurrence.
Messages to H. C. that the Lords have agreed to the Thirteen preceding Bills.
pany's Bill ;