Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Transferring of processes
Date: 22 February 1671
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It being questioned whether a process before the Lords, having come the length of an act, and the pursuer dying, his heir or executor might transfer that process before an inferior Judge. Sir G. Lockhart thought he undoubtedly might, seeing that was only done to establish the right of it in his person, providing, when he comes to proceed in the cause, he brings it back again to the Lords. Yet there is a doubt anent sic causes as cannot be intented before inferior judicatories, as improbations, &c. though improbation may be proponed there by way of exception. The cause why it is sought to be transferred rather before an inferior Judge than the Lords, was because it will be cheaper by far than to pay L.3 for every sheet.
Improbations of executions used in processes before themselves may be pursued before inferior Courts, ult. Nov. 1630. Laird Winstone against Cushine.
