Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XX.
Quorum of Judges. - Arbiters. - Auditors. - Trustees.
M'Math v. Poure
Date: 10 January 1624 Case No. No. 122.
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In an action betwixt M'Math against Poure, a commission being given by the Lords to four judges, whereof two were chosen by each one of the parties, to hear the counts betwixt the said parties, and thereafter to report to the Lords their proceedings, the commission not bearing to be given to them conjunctly, but only that it was given to the said four judges, two nominated for the one, and the other two nominated for the other; and the report being returned to the Lords, subscribed only by three of the judges, and not by the fourth, the report was sustained and found sufficient; for it was no reason that the commission and report should be elusory, if any one of the four, either of himself or at the desire of the party, should refuse his concourse and consent. The four judges were four merchants.
Act. Stuart.Alt. Larmonth & Sandilands.Clerk, Hay.
Fol. Dic. v. 2. p. 387. Durie, p. 97.
