Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Gilbert Hardie
v.
Hamiltoune and Poolle

Date: 28 June 1649

Click here to view a pdf copy of this documet : PDF Copy

In the advocation at Gilbert Hardie his instance, of an action of removing at the instance of Hamiltoune and Poolle against him before the town of Edinburgh,—there was a reason of suspected partiality, one of the bailies threatening Hardie, that he should be decerned to remove, and the assessor being the drawer up of the pursuer his allegeance and replies; and, farther, the matter dipping upon the discussing of double tacks, specially where the user of the advocation craved only to set while Martinmas or less, that he might get his wine and beer sold, otherwise he would be altogether ruined. Some inclined to try upon what conditions the tack pretended by Hardie was consigned in Jacob Nicolsone his hand, and so would have had it advocated. But others prevailed, that it should be remitted, because that might delay time, which was precious; for the great confluence of people now before Lammas, and advocations, in Removings, are important in the town of Edinburgh: yet recommended to the town to be gentle and tender herein towards their burgess, Hardie, whose credit hinges upon his change.

Page 18.