Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Wilson
v.
Knave,
Date: Gibson
v.
Howie
28 January 1628 Click here to view a pdf copy of this documet : PDF Copy
Two parties having submitted the questions betwixt them to one that was a notary, the said notary subscribes the commission, at command of the parties, for them, and likewise the blank whereinto the decreet-arbitral pronounced by him was inserted; and one of the parties being charged to fulfil the decreet, which contained the sum of 40 merks, to be paid to the other, he suspends,—alleging the decreet to be null, as proceeding upon a submission submitted by him who was chosen judge. The Lords sustained the decreet, in respect of the small importance of the matter, and of the place where it was subscribed, being in landward, where other notaries could not be commodiously had for the time.
Page 113.
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