A decree of lining given by the provost and baillies of Dumfermline was reduced, because the brieve was not proclaimed upon 15 days, nor a precept directed upon a claim given in by the purchaser of the brieve against the special parties having interest, nor any formal order of process kept, tho' it was alleged to be conform to the ordinary custom and manner of proceeding in that burgh.
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In a reduction of a brieve of lining or limiting, and decreet conform thereto, given by the Provost and Bailies of Dumfermline, to whom the brieve out of the chapel of Dumfermline was directed to that effect; this reason of reduction was found relevant, and the brieve was reduced, because the brieve was not proclaimed upon 15 days, not a precept direct upon a claim, given in by the purchaser of the brieve against the special parties, having interest in the lining of the tenement therein contained, for summoning them thereto, nor no formal order of process keeped; which reason was found relevant, albeit the defender contended, it was not relevant in this case of brieves of lining, which hath a summary proceeding; and that by the consuetude in the burgh of Dumfermline, no other claim is given in but summary trial taken betwixt the parties; likeas the parties are summoned by the brieve and warrant thereof; which exception was repelled.
Act. Mowat.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 204. Durie, p. 425.
