Unto the right honourable the Lord Ordinary on the Bills
The Petition of John Lapraik of Dalfram
That the Petitioner on account of various unavoidable misfortunes finds his affairs are in disorder and that he cannot answer the demands of his Creditors and diligence being threatened by George Crawford in Brochloch one of his Creditors to whom he owes £59 1 shilling against his personal Estate and his Person, And being desirous to do all his Creditors the utmost justice in his power and in order to prevent any one creditor obtaining a preference to the rest, he is willing to make a full and fair surrender of his personal estate to his Creditors or the Factor to be named by your Lordship for their be????, and for that purpose he makes the present application to our Lordship to sequestrate his personal Estate in terms of the Act of Parliament in 1772 anent insolvent Debtors.
May it therefore please your Lordship to sequestrate the Petitioner’s whole personal Estate in terms of the said Act of Parliament and to appoint a Factor thereon with the usual powers.
According to Justice
22 March 1780
The Lord Braxfield officiating as Ordinary on the Bills having heard this Petition Sequestrates the whole personal Estate of the Petitioner within Scotland But Delays further procedure and the nomination of a Factor for ten days.
6th April 1780 The Lord Covington officiating as Ordinary on the Bills having resumed consideration of the forgoing Petition with the above Interlocutor and a Minute of the ???? suggesting a Factor now produced Nominates and Appoints Thomas Blackwood of Halls in the Parish of Muirkirk to be Factor on the personal Estate of the said John Lapraik already sequestrated for Managing and Recovering the same with the whole Powers under the rules prescribed by the Statute and Receives James Blackwood in Middlefield as his Cautioner and when the Bond of Cautionry is lodged he allows the Factory to be ???racted. And ordains the said John Lapraik to produce his Books Papers and Documents of debt and to make a full and fair discovery of his whole Estate heritable and moveable wherever situated and to grant a disposition of his whole personal Estate wherever situated to the Factor above named for the benefit of his whole Creditors all betwixt and the Eighteenth Current. And appoints the Creditors to meet within the house of Robert Weir, Inn-keeper in Burnside in the Parish of Muirkirk on Wednesday the Seventeenth day of May next at twelve o’clock afternoon in order to their continuing the Factor now neared having another one or a Trustee or Trustees in his place. And Ordains the Factor immediately to estimate the Sequestration and to adversities the meeting aforesaid all in terms of the Statute and Order of the Lords there ?????.
Unto The Right Hon The Lord Ordinary officiating on the Bills
The Petition of John Lapraik of Dalfram and William Johnston in Clachbeith????? for himself and in the name of the other Creditors of said John Lapraik.
That upon the application of the Petitioner John Lapraik, the Lord Bruasefield then officiating on the Bills was pleased of this date 22 March 178- to sequestrate his personal Estate and superseded further procedure for ten days…
That the said Petitioner having called a Meeting of his Creditors upon the first of April current, twenty eight of them compared by themselves or their Doers, who are almost the whole of his Creditors, and the meeting were unanimously of the opinion that it would be detrimental to them if Mr Lapraik should be deprived of his personal liberty, and therefore they humbly recommended to your Lordships to grant him a personal protection for eighteen months or such time as your Lordships should think proper, And they recommended to the other Petitioner their Proxies to apply for the said protection either in his own name or in the name of the Creditors. As the Minute of their meeting herewith produced bears…
May it therefore please your Lordship to grant the said Petitioner John Lapraik an personal protection for eighteen months or for such time as your Lordship shall think proper.
According to Justice
6th Aprile 1780 The Lord Covington - officiating as Ordinary on the Bills having heard this Petition, and the Minutes of the Creditors therein referred to being produced, Granted to the said John Lapraik the proaction from the personal Diligence of his ???? raised or to be raised against him from this date to the fifteenth day of June —— next inclusive During which time prohibits and Discharges all Messeangers and other officers of the law from putting any diligence in execution against his person for any Civil debt.