Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Byres
v.
Bailies of Hamilton

Date: 17 June 1670

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Byres, and some other creditors of George Lyles, having gotten a disposition of the whole merchant ware in Lyles' shop, and of the plenishing of his house, which they caused intimate publicly, at the market-cross, to the bailies, who, notwithstanding thereof, did shut up the doors, by putting on a plate of iron, and thereby debarring the said creditors from entering to the possession till other creditors got entry to the house, and took away the goods: There was a pursuit intented against the bailies for damage and interest.

It was alleged by the defenders, That what was done by them was lawful, and ratione officii; in respect Lyles, the common debtor, was bankrupt, and had fled in the night-time out of his house, when he made that disposition.

The Lords, notwithstanding, did sustain the summons, unless the defenders could allege, that what they had done was upon the complaint of several creditors, or others concerned; and that they had preserved the goods to be forthcoming to any should have the best right.

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