(1758) 2 Paton 11
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
House of Lords,
Subject_Foreign Decree. —
Effect of foreign decree in seeking its execution in the Courts of this country.
Jan. 7, 1756.
The Court of King's Bench in England, in a suit brought
Against this interlocutor the present appeal was brought.
This day being appointed for the hearing counsel, upon the petition and appeal of John Wilson, complaining of an interlocutor, 7th Jan. 1756, made on behalf of Robert Burnton and James Chalmers, and praying reversal of same; to which appeal the said Robert Burnton and James Chalmers have not put in their answer, though peremptorily ordered so to do. Counsel were accordingly called in to be heard; and one counsel only appearing for the appellants, (none appearing for the respondents); he was heard to state and argue the case on behalf of the appellants. And having prayed a reversal of the interlocutor complained of, the said interlocutor was read; and then the counsel was directed to withdraw, and due consideration had of what was offered.
It is ordered and adjudged, that the said interlocutor complained of be reversed; and it is hereby declared, that the respondents are liable to answer and pay the sum of sixty pounds sterling costs, awarded by the Court of King's Bench: And it is further ordained, that the defence of the said respondents be repelled; and that the said respondents do accordingly pay the said sum of sixty pounds to the appellants, together with their expenses of the suit in the Court of Session; and that an account thereof be given in. And it is further ordered,
Counsel: For Appellants, C. Yorke.
Note.—“The judgment was reversed, singly upon this footing, as I am informed, that in England the decrees of sovereign courts abroad are put in execution by the Courts of Westminister Hall, without admitting any objection against them.”—Kames' Decisions, p. 131.
The Act 12 Queen Anne, c. 18, made perpetual by 4 Geo. I. c. 12. entitles the party who has a claim for salvage to payment within 30 days after the service performed, “and in default thereof, that the ship or goods shall remain in the custody of the collector until paid, or good security given.”