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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Halyburntone
v.
Sympsone
1650 .January 23 and24 .Click here to view a pdf copy of this documet : PDF Copy
In the suspension, Halyburntone against Sympsone,—the suspender, having paid the most part of a bond, as two discharges did bear, thought to elude the rest; proponing, that he being arrested to find caution, as law will, by production of the extract of the bond out of the register, whereupon a discharge was written, but now abstracted; which he offered to prove by the bailie and membra curiæ, likeas this extract is a new one. But it was cleared, that the discharge of £80 was written upon the said extract; but he being not content therewith, neither it subscribed, there was another written by that same hand, which is the last of the two produced, and subscribed by the charger, of that same sum; which hindered not him to charge for the rest. It is to be noted, that the privilege of a burgess is only for counts, to cause a stranger answer as law will, and not where a burgess has a bond bearing registration.
Page 177.
The electronic version of the text was provided by the Scottish Council of Law Reporting