Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Carsan v. Maxwell
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In Carsan and Maxwell's affair, Alleged, 1mo, The principal sum is not arrestable, because infeftment is taken, though not on it, yet upon the bond of corroboration. 2do, The payments must be ascribed, first to exhaust the principal sum, which is durior sors debitori, it bearing annualrent, and not to exhaust the annualrents; and so the interest will be still due, and so arrestable. See 31st January 1671, Telfer.
Vol. I. Page 47.
Anent the Quorum of the Lords.
There being but ten Lords, whereof one behoved to sit in the Outer-House; the fulness of the quorum was doubted, because of the 57th Act, Parl. 1537, appointing that, to a quorum, there shall be at least ten Lords, with the President or Chancellor, (for the four extraordinary Lords make no part of the quorum, so that five or six Lords with them could not act:) but custom hath prevailed since, that nine make a quorum, as being the major part in numero impari of fifteen. If a sentence were pronounced, or advised and voted, by fewer than nine, (as I know several such done in the Lords' afternoon-meetings,) I think they may be quarrelled, and reduced, as pronounced a non habentibus po-testatem; for, at most, they are but like a committee, and could only but prepare, and report against next day to the full number. But none has yet adventured to quarrel these decreets upon this nullity. Vide 10th June 1677.
