The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. V.
Three blasts of the Horn.
Drysdale v. L Sornbeg.
Date: 4 March 1624 Case No. No 113.
A denunciation was sustained altho' it made no mention of the three blasts of the horn, but only that the messenger lawfully denounced.
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In an action betwixt Drysdale contra L. Sornbeg and L. Langtoun, a horning being produced by Sornbeg, and quarrelled by Drysdale, alleging the same to be null, because, in the denunciation, the messenger, executor thereof, had not indorsed, and the execution did not bear, that the messenger had used and given three blasts of the horn at the denouncing of the party; which deed, as it was a solemnity necessary to the denunciation, so was necessary in formality, that the execution should proport the same to have been used; and the execution not bearing the same, the same could not be sustained, but the horning for want thereof ought to be found null.—The Lords repelled this allegeance; but found, that the user of the horning ought to prove, that the messenger truly gave three blasts at the time of his denouncing the rebel, which being proven, albeit the execution proported not the same, seeing it proported and bore that he orderly and lawfully denounced the rebel; the Lords sustained the horning, because these words, lawfully and orderly, included all these solemnities, the same being proven to have been truly given, as said is.
Act. ——.Alt. Miller, Foulis, et Belshes.Clerk, Hay.
Fol. Dic. v. 1. p. 266. Durie, p. 116.*** Spottiswood reports the same case:
In an action to make arrested goods furthcoming, pursued by Thomas Drysdale, assignee constitute by Sir James Durham, against the Laird of Langtoun, it was excepted, that it was an assignation made by a rebel stante rebellione. Replied, That the horning was null, the officer not having made mention in the executions that he had used three touts, which is a formality not to be omitted. This was very much agitate, and at last found, that that want was supplied, in so far as the officer had said that he lawfully denounced him, he always taking on him to prove that he had not omitted to give the three touts.
