Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Extracting Decrees of Inferior Courts*
Date: 29 June 1671
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Where a decreet of an inferior court, as the commissary's, sheriff's, &c. is suspended, the charger needs not extract his decreet, but only produce the said inferior judge's precept for instructing his charge, if the sum contained in the decreet be within L.40; but if it be above that sum, then he must produce the decreet itself, and the precept will not instruct the charge.
Advocates' MS. No. 183, folio 100.
* See Petrus Peckius de testamentis conjugum, Libro 2, Cap. 6. Per legem 51 D. de donationibus inter virum et exorem, the law honestly presumes all the wife's acquisitins to be ex re mariti ad evitandam turpis quæstus suspicionem.
