The Annals of the Annals
Summons of filiation & aliment
Wylie vs. Annal
1859
SC11/5/1859/19
P S Heddle, Pursuer's Agent
William Edmonstoune Aytoun
Esquire, Advocate, Sherriff of the County
of Orkney and Zetland, to Officers of
Court, jointly and severally, Whereas
it is shown to me by Jessie Wylie
residing at Northside of the Island of Burray in
Orkney, Pursuer, against William
Annal, Fisherman residing at
Cauldhame in the Island of South
Ronaldshay in Orkney, Defender,
in terms of the conclusions underwritten.
Therefore the Defender ought to
be decerned to pay to the Pursuer the sum of
One pound ten shillings sterling, being
his proportion of the expenses attending
the birth of an illegitimate female
child of which the Pursuer was delivered
on or about the twenty ninth
day of August Eighteen hundred and
fifty seven, and of which the Defender
is the father: Item the sum of
Two pounds ten shillings sterling per
annum in name of aliment for said
child from the date of its birth until it
shall attain the age of ten years Complete,
the said aliment to be payable
quarterly in advance, With Interest
at the rate of five pounds per centum
per annum on the foresaid sum of
One pound ten shillings sterling from
and since the said twenty ninth day
of August Eighteen hundred and fifty
seven, till paid, and on each quarter's
aliment from and since the time it
has fallen due, or may hereafter
fall due, quarterly until paid,
under deduction always of two shillings
sterling paid to account of the
inlying charges on the [blank]
day of October Eighteen hundred and
fifty seven. But superseding
execution on the Decreet to follow
hereon in so far as concerns the recovery
of the aliment not yet due
until it becomes exigible as aforesaid,
and reserving all claims
against the Defender for additional
aliment at the expiry of the said ten
years, if the said child shall then
be unable to earn its subsistence, and
for such space of time as its inability
to support itself may Continue; Also
to make payment of the expenses of
process; And my Will is that ye
summon the Defender to compear in my
Court house at Kirkwall upon the sixth
day next after the date of this your
Citation, in the hour of cause (twelve
o'clock noon) with continuation of
days, to answer in the premises;
with certification, in case of failure of
being held as confessed; and that
ye arrest in security the Defender's
Goods, Monies, Debts and Effects.
Given at Kirkwall this Twenty fourth
day of January Eighteen hundred
and fifty nine years.
Robert Reid
Sheriff Clerk Depute of Orkney
This summons executed by me
Samuel Norquoy, Sheriff Officer, against
William Annal therein designed Defender,
by leaving a copy thereof to the Will, with
a just copy Citation thereto subjoined, at his
dwelling place with Jane Rosie his wife
to be given to him, because I could not find
himself personally, and that in presence
of Samuel Norquoy Junior residenter
in South Ronaldshay, witness, this
thirty first day of January Eighteen hundred and
fifty nine years
Samuel Norquay Witness
Samuel Norquay Shff. Officer