Legal Diligence Executed at a Wrong Place. - Head Court Held at a Wrong Place.
Dickson v. Scot
Date: 7 March 1632 Case No. No 16.
An inhibition not found null for being executed within the shire of Berwick at Dunse, and not at Greenlaw, notwithstanding of the act of parliament, appointing Greenlaw to be the head burgh of the shire, and that because of the consuetude, and that the said act was only a private act never printed nor known in this country.
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In a reduction upon a reason of inhibition, the defender alleging the inhibition to be null, because being execute within the sheriffdom of Berwick, it was not execute at the market-cross of Greenlaw, but only at Dunse; albeit, by act of Parliament, it is appointed, that all such executions and hornings should be execute at Greenlaw, which is declared the head burgh of the sheriffdom by that act, and all executions otherwise made, are declared null. This allegeance was repelled, and the inhibition sustained, in respect of the consuetude, and use to execute at Dunse, notwithstanding of that act, and that the act is not in observance, and that it is but a particular private act, not printed, and so not public and known to the lieges, but contained in a ratification of an infeftment of some lands, granted to the Earl of Dumbar, wherein Greenlaw is erected the head burgh, with the declaration foresaid, and which is ratified in Parliament, and so is but a private act, not keeped, nor known in the country, nor printed, or published; and this was done without any probation.
Clerk, Gibson.
Fol. Dic. v. 1. p. 202. Durie, p. 627.
