A denunciation at the market cross of Edinburgh against a person out of the country is sufficient, tho' his lands lye in another sheriffdom.
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Jean Cunningham donatar to the liferent escheat of umquhile Sir David Cunningham of Robertland, pursuing a general declarator, the horning was quarrelled upon this ground, that Sir Robert being in England the time of the denunciation, and the denunciation being at the market-cross of Edinburgh, the samen was null, because it should have been executed at Irvine, the head burgh of the bailliary within which the lands lye, especially Sir Robert having been for the time prisoner in England, and so absent republicæ causa. The Lords, notwithstanding of the allegeance proponed, sustained the horning, and found it sufficient to denounce at Edinburgh, and pier and shore of Leith, tanquam communis patria.
