[1703/5/167]¹

Legislation

Act in favour of Sir Alexander Dalmahoy

Her majesty's high commissioner and the estates of parliament, having heard the petition of Sir Alexander Dalmahoy of that ilk humbly showing to them that the commissioners of supply of the shire of Edinburgh, having appointed Henry Leggat, their collector, to furnish the forces with hay, corn and straw at the rates appointed by the act of the lords of his majesty's privy council, and engaged that he should be no loser by buying at the current price, though the same should exceed the rates appointed by the privy council, by virtue whereof he began to furnish at Candlemas [2 February] 1691, and the current price at the time, having been far above the price appointed by the privy council, he did represent the same in April and thereafter to the commissioners of supply, who desired him to continue to furnish the forces as formerly and renewed their engagement that he should be no loser thereby, upon the faith whereof he continued to furnish accordingly. By this and other losses sustained through the public Henry Leggat turned bankrupt and Sir John Dalmahoy, the petitioner's father, his cautioner, was distressed for cess and other arrears due by him and upon ultimate diligence was necessitated to pay £10,000 Scots; and the petitioner's father, having applied to the commissioners of supply foresaid for reimbursing Henry Leggat of the damages he had sustained by furnishing the forces in manner foresaid, and they having appointed a committee to consider his accounts and to report, after full consideration thereof and probation taken anent the difference of the current rates and those appointed by the privy council, upon report they found that the said Harry Leggat was no less loser during his service as commissar than the £1,700 Scots, but scrupled to lay on the same upon the shire unless the authority of parliament is interposed thereto, as was instructed by the sederunt, probation, report and acts of the said commissioners of supply produced. And seeing that the foresaid sum is but a small part of the loss the petitioner's father and he has sustained and a true and real debt upon the shire, and the only small fund of the petitioner's relief and in no way proportional to what his father paid, as said is, he therefore, humbly begged that his grace and the honourable estates of parliament would be pleased to take the circumstances and the great loss the petitioner's father and he have sustained to their consideration and to authorise the commissioners of supply to lay on the foresaid sum of £1,700 Scots upon the respective heritors, conforming to the valuation, and to allow the petitioner such diligence for bringing in thereof as is granted for supply and other public burdens, as the said petition bears. For instructing whereof, the said Sir Alexander Dalmahoy, the petitioner, produced in the presence of her majesty's said commissioner and the estates of parliament the minutes of sederunt of the said commissioners of supply, the probation taken before their committee and their report, with the acts above-mentioned relating to the matter above-represented, as the same bears. Which petition, with the said instructions thereof produced, her majesty's high commissioner and the said estates of parliament, having this day considered, they authorised and do hereby authorise the commissioners of supply of the shire of Edinburgh to lay on the above sum of £1,700 upon the respective heritors of the shire, conforming to their valuation, and have allowed and hereby allow such diligence for bringing in thereof as is granted for supply and other public burdens, declaring always, likewise it is by these words declared, that this act shall not extend to those heritors of the shire who are singular successors in their lands since the year 1691. Extract.