Scottish Court of Session Decisions

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

-
v.
-

Date: 28 June 1670

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

Archibald Law, having given in a bill, that the Lords would give warrant to the writers of the signet to write out letters of apprising of the teinds and patronage of Innerwick, upon a bond granted by the Earl of Salisbury for a sum of money, ad hunc effectum only, that comprising might be led, bearing his consent; which warrant was craved by the writers for this reason,—That, by an old Act of Parliament, and constant custom and practice, no comprising could be led till after searching of the ground and poinding of moveables, if any were; and that, by an Act of the last session of this Parliament, there could be no poinding of moveables but after a previous charge of horning.

The Lords, notwithstanding, did grant warrant for comprising, in respect of the consent of the party and the conception of the bond; which was only granted for that effect: and found, That letters of horning and poinding were only necessary where bonds were granted, or decreets gotten, for payment of liquid debts at a certain day.

Page 123.