Subject_1 ARBITRATION. Subject_2 Formalities of the Deed of Submission and Decree-Arbitral.
L Alter v. L Afflect.
Date: 2 March 1636 Case No. No 43.
Found as above.
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The L. Alter pursuing the L. Afflect upon a decreet-arbitral pronounced betwixt them, to pay a sum contained in the said decreet; it being alleged, That the said decreet was null, as being written in a several distinct paper, and not into the blank upon the back of the submission, as the submission appointed; by the which it was provided, that the decreet to follow upon the said submission, should have been filled in upon the said blank, on the back thereof, which is not done: And therefore this decreet being contrary to that which was agreed on, and appointed betwixt the parties, and being written on a distinct paper, as said is, and made by a writer, under the form of an instrument; albeit it was also subscribed by the judges, to whom it was submitted, it ought not to produce any action.—This allegeance was repelled, and the decreet sustained, albeit not insert in the blank; for the Lords found, That the not inserting thereof, was no cause to infringe the same, seeing the same might be yet insert therein, if the judges pleased; in respect that this decreet produced, might be a warrant to do it, the same being done by the judges, and pronounced debito tempore.
Act. ——.Alt. Stuart.Clerk, Gibson.
Fol. Dic. v. 1. p. 50. Durie, p. 799.
