flagging the sessions-house. All which is truth, as he shall answer to God. One word delete before signing, (Signed) DAVID DALZiel. MARK CASSIDY, Comr. Thereafter compeared CHARLES CAMPBELL, architect, of Newtonards, who refused to be sworn. (Signed) All which is reported by MARK CASSIDY, Comr. MARK CASSIDY, Comr. At Rockport, in the county of Down, the 24th day of October, 1836: Which day there was produced to me, Arthur Forbes, Esq. one of his Majesty's Justices of the Peace for the county of Down, in Ireland, an act and commission, dated the 26th day of November, 1835, with continuation and prorogations, granted by Lord Cockburn, one of the Judges of the Court of Session in Scotland, in an action of reduction and Improbation depending in that Court, in which the Officers of State for Scotland are pursuers, and Alexander Humphreys or Alexander, calling himself Earl of Stirling, and others, are defenders. Of which Commission I accepted, and made choice of Alexander Montgomery of Belmont, in the said county of Down, to be my clerk, to whom I administered the oath de fideli, as use is. Thereafter appeared Roderick MacKenzie, W.S. as agent for the pursuers, and Ephraim Lockhart, W.S. as agent for the defender. Thereafter compeared JOHN TURNLY, of Rockport, in the county of Down, Esq. one of his Majesty's Justices of the Peace for said county of Down, aged 71 years and upwards; who, being solemnly sworn, purged of malice and partial counsel, depones, That he knows that there were in Newtonards an old building called the Old Church, and a building adjoining to it called the Chapel; the Old Church being a vestibule or entrance to the Chapel or New Church. Depones, that he was born in Newtonards, and lived there till he was about 30 years of age, and was in the constant habit of attending divine service in the Chapel: That he never saw a gravestone or inscription within the Chapel, but thinks he has heard that persons have been buried there: there were a number of tombstones and gravestones in the Old Church, which never appeared to have been flagged, and was on that account very difficult to walk along: Remembers the Old Church for 50 years, and knows that within that period it was not flagged. The New Church or Chapel appeared always within his recollection flagged, and does not remember that it was reflagged within the last 50 years. Being shewn a copy of the alleged inscription on the tombstone of John Alexander, depones, that he never saw any tombstone, to the best of his recollection, bearing such an inscription, though he has an indistinct recollection of some inscription, either in the Old Church or Chapel, regarding the Mount Alexander family; but is not positive. All which is truth, as he shall answer to God. Seven words delete before signing. (Signed) Reported by (Signed) Register of Allowances of Apprysings, vol. 3. JOHN TURNLY. ARTHUR FORBES, Comr. EXTRACT APPRISING ROBERT KEITH, xiiij July 1646. Compeirit GEORGE GORDONE, messr. and in name and behalff of Robert Keithe, wreitter to his Ma/teis Signet, and gave in ye apprysing led and deducit at his instance againes Janet Alexr. vnder designit, desyring the samyne to be allowit and recordit qlkis allovit and recordit in maner following:The Lords of Counsall has seine and considerit ye. process of appryssing within written, and findis ye. samyne ordourlie proceidit: And yairfoir ordanes L/res to be direct to comand and charge James Erle of Callender, Lord Almond, &c. to infeft and seas Robert Keithe, wreitter to his Ma/teis Signet, his aires and assis. herellie, In all and haill ye. towne and landis of Saltcoitties, with houss. biggings, pairties, pendicles, and pertinentis thairof, Lyand win the regalitie of Falkirk, and Srefdom of Stirling. Togidder with the right of all takkis of teyndes of the saidis landis, with all a/rentis, reversiones, alsweill c/ditionall as legall, and legall upon legall discharges, dispo/nes, contractis, bandis, obliganes, charto's, Infefty, wyr. richtis, tittillies, and securitees within wreitten pertenut of Befoir to Jonet Alexr. sister, doucht and air, and lawllie. chairget to enter air to umqlle. Gilbert Grahame of Gartmuir, hir vncle ind apprysit fra her as sister dochter, and lawllie. chairgit to enter air foirsaid to her said umqllie. vncle and fra Jon Alexr. of Gartmuir, heir Fayr. as tutor, gyder, and admr. to hir of ye. law: And alsr. fra her tutor and curators gif schoe any hes for yair Enteresse, and fra all wtheris haifand, or pu/dand to haif, entres in forme and maner as is within cteinit, at the instance of ye. said Robert Keithe ass'ney within namet, In satisfaction to him off the sowme of Tua thowsand nyne hundredthe thiescoir thrie pundis sax schillings aucht pennis vsuall money of yis realme of prinll. bygane arentis, and liquidat expenss" and liquidat expenss" rexive conteinit in ye decretes of rgratioune obliganes. ass'natione, translatioune, and L/res. within mentionat, Togidder with the sowme of J xlviij. iij iiijd. moe. foirsaid of S/reffie To be halden of the said James Erle of Callender, Lord Almond, &c, his airis and ass/is. or ony wyrs immediat lawll. superiors thairof, Siclyk and in ye samyne forme and maner of holding, and alsr. freille in all respectis as the said Wmqll. Gilbert Grahame, hir vncle, held ye. samyne himselff befoir his deceis, or as the said Jonet Alexr. his sister dochter, holdis. or may hold ye. samen hir selff, gif schoe war enterit air to hir said Wmqll. vncle befoir yis appryssing efter ye. forme and tenor tenor thereof, And act of Parliament made anent appryssing of landis and wyrs for debtis in all poyntis, Sic subscribitur, Cranstoun Riddell, J. Craighall. Qlk appryssing abooue mentionat wes led and deducit within the Tollboothe or Session hous of the Burgh of Edr. vpon the twantie day off May last by past 1645 years. Befoir George Gordown, Messr. and Judge in ye. said appryssing, Quha wpone the xviij day of Aprill, the year of God foirsaid past to zat ludging and dwelling-hous, lyand in his Ma/teies Palace of Halyruidhous, within the bak clois of ye. said Palace, quhair the said Jonet Alexr. hade hir actuall residence for ye. time with Dame Countess of Stirling, her guidame; and yair within ye. said ludging and dwelling hous, and within the haill Chalmeris houss and biggingis yrof, quhairin he could get entres, he diligentlie searchit and soght ye. mo/l. guids and geir poyndabill perteining to hir, But could get nane, this he did befoir yir witnesss. Johne Henrie and Johne Houstoune, indwellers in Edr. And siclyke vpone the xxviij and last dayes rexive of the said monethe of Apryll, Andrew Burne ane wyer Messr. lykwayes c/teint in the said Appryssing past to the ground of the saides towne and landes of Saltcottis, with the pertinentis yairof. And thairvpon, and within the houss" and biggingis yairof, quhairin he could get entres, he diligentlie seachit and socht the moveabill guidis and geir being yr. vpone and within ye. samyne, pteining to the said Jonet Alexr. Bot could get nane. Thairfoir vpon ye. said ttwantie aught day of Apryll he lawllie. denwcit the said towne and landis of Saltcoitts wt. ye. pertinentis yr.of abovewreitten, with ye. takis of teyndis of ye. samyne a/rentis, reversiones, and wyrs, rights, rexue, aboove mentionat, oppenlie vpone the ground and groundis thairof, and at ye. m/cat croce of Falkirk, heid Burghe of ye. Regalitie, quhair denunciationes within ye. said Regalitie, ar in vse to be done and execuit, and also at the m/cat croce of Stirling, heid burghe of the S/refdome yairof, within the qlk the samyne landis and wyrs foirs-ds lyes rexue, and successiue. Lykas yen vpone the ground of the saidis landis, and at the saidis mercat croces of Falkirk and Stirling, rexue and successiue, the said Messenger openlie warnit the said Jonet Alexr. and her tutors and curators, gif schoe ony hes for thair entrests, and all wtheris haif and or pudand to haif entres. Befoir thir witness rexiue, vizt. at the ground of the saidis landis vpone the said xxviij day of April, James Kincaid and Williame Gavin, abboistgrange, and Robert M'Lellane, ssruitor to David Bruce in Saltcoittes. And at the mercat croce of Falkirk, upone the samen xxviij day of Apryll, John Burne, Alexr. Wat, Duncane Ker, and Wa. Muirheid, merchandes thair, and at the said m/cat croce of Stirling vpone ye. said last day of Apryll, John Rankyn, of Southhous of Balmulzer, John Robenie, Notar in Stirling, and James Seatone, Notar and Messr. thair. And also vpone the third day of ye. said monethe of May, ye. said George Gordoune, Messr. lawlii. warnit the said Jonet Alexr. and the said Johne Alexr. hir father, hir tutor of law, for his entres at the said Countes of Stirling, hir dwelling-place foirsd. Because he could not apprehend yame personallie, and immediatlie thairefter he passed to the mercat croces of Edr. and ca/ngat, rex/ue, and successive, and thair at aither of the saids mercat croces be opene proclama/ne he lawlie. warnit ye. said, and hir saidis tutoris and curators gif schoe any hes for thair interests. and all wtheris, haif and or pudand to haif entres, be leaving copies at all ye. foirnamet places successive. Befoir yir witness, the saidis Johne Houstoune, John Hendrie, and Edmond Reidpithe, Messrs. To compeir day and place aboue speit. To the effect aboue mentionat. To the qlk appryssing, Mr Alexr. Forbes, wreitter to his Ma/teis Signet, Is Clerk. Extracted from the records in his Majesties General Register House, upon this and the seven preceding pages of stamped paper, by me, one of the keepers of these records, having commission for that effect from the Lord Clerk Register. WILLM. ROBERTSON. (Signed) No. II. SECOND DIVISION. DECEMBER 7, 1836. DEFENDER'S PRODUCTIONS, IN CAUSA, THE OFFICERS OF STATE AGAINST ALEXANDER, EARL OF STIRLING. PROCEEDINGS in the Service of ALEXANDER, EARL OF STIRLING, as Heir in General of WILLIAM, EARL Of Stirling. Canongate, 11th October, 1830. In pursuance of the brieve, directed forth of his Majesty's Chancery to this Court, dated the 21st, and executed upon the 22d days of September last, for serving of Alexander, Earl of Stirling, Viscount of Stirling and Canada, Lord Alexander of Tullibodie, &c. only surviving son of the deceased Hannah Alexander, otherwise Humphrys, who was wife of William Humphrys of Birmingham and the Larches, both in the county of Warwick, Esquire, and sister-german, and last surviving heir-female of the deceased Benjamin Alexander of Basinghall Street, London, great-great-grandson, and last heir-male of the body of the deceased William, the first Earl of Stirling, as lawful and nearest heir-in-general to the |