Subject_1 ARBITRATION. Subject_2 Formalities of the Deed of Submission and Decree-Arbitral.
Forrester v. Gourlay
Date: 27 March 1633 Case No. No 42.
Arbiters who had written out, in due time, a minute of their intended decree, found entitled to fill it up formally, in the blank of the submission, although the term had expired.
Click here to view a pdf copy of this documet : PDF Copy
A matter being submitted to Mr Da. Forrester, minister at Leith, and David Gourlay, by submission, in the blank on the back whereof, the decreet-arbitral should have been inserted, and a minute of the decreet being drawn up in sundry articles, which were not formally conceived, but were subscribed by the judges, and also intimate to the parties in due time, before the expiring of the day appointed to decern: Long after the expiring of the said day, one of the parties intents action and summons against the other party, and judges, to hear the said minute of decreet so subscribed, extended in form, and to be inserted at length in the blank: And the other party alleging, That now after the day was so long since expired, there was no liberty left to the judges to meddle any further upon these matters submitted, without a new submission and consent of both the parties; and now he dissents altogether, therefrom:——The Lords found, That if it, should he qualified, that this minute was intimate to the parties debito tempore, and so subscribed by the judges, before the expiring of the day, that the saids judges might yet, albeit after that day, insert their decreet-arbitral, by a formal extension thereof, and inserting of the same in the blank on the back of the submission, conform to the substance and matter pronounced by them, and contained in these articles, subscribed by the judges; but that they might insert no other thing material, differing from these articles; and only ought to insert and fill up in the blank, that which was well warranted by the articles foresaids, and no more.
Act. ——Alt. Gibson.Clerk, Hay.
Fol. Dic. v. 1. p. 50. Durie, p. 684.
