A curious case, illustrative of the character of the bench, was now in dependence. The heritors of the parish of Dalry raised an action for the realisation of a legacy of £3000, which had been left to them for the founding of a school by one Dr Johnston. The defender was John Joissy, surgeon, an executor of the testator, who resisted the payment of the money on certain pretexts. With the assistance of Alexander Gibson of Durie, a principal clerk of Session, Joissy gained favour with a portion of the judges, including the president. On the other hand, the heritors, under the patronage of the Earl of Galloway, secured as many on their side. A severe contest was therefore to be expected. According to a report of the case in the sederunt-book of the parish, the Lord President managed to have it judged under circumstances favourable to Joissy. The court having ‘accidentally appointed a peremptor day about the beginning of February 1704 for reporting and deciding in the cause, both parties concluded that the parish would then gain it, since one of Mr Joissy’s lords came to be then absent. For as my Lord Anstruther’s hour in the Outer House was betwixt nine and ten of the clock in the morning, so the Earl of Lauderdale, as Lord Ordinary in the Outer House, behoved to sit from ten to twelve in [Sidenote: 1704.] the forenoon: for by the 21st act of the fourth session of the first parliament of King William and Queen Mary, it’s statuted expressly, that if the Lord Ordinary in the Outer Houses sit and vote in any cause in the Inner House after the chap of ten hours in the clock, he may be _declined_ by either party in the cause from ever voting thereafter therintill: yet such was the Lord President’s management, that so soon as my Lord Anstruther returned from the Outer House at ten of the clock, and that my Lord Lauderdale was even desired by some of the lords to take his post in the Outer House in the terms of law: yet his lordship was pleased after ten to sit and vote against the parish, the president at that juncture having put the cause to a vote.’