Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Apprising
Date: 7 November 1671
Click here to view a pdf copy of this documet : PDF Copy
When that imaginary ceremony of searching for moveables upon the ground of the lands, before the messenger can legally proceed to denounce them to be apprised, is used, an offer of cows or other cattle, to the value of the sum, will not impede the denunciation or apprising, nor the proving of the said offer will not be a ground whereon the comprising can be thereafter branled, as has been often decided; and that for three reasons; lmo, It is aliud pro alio quam solutionem debitori facere non licet creditore invito. 2do, An offer of payment to the messenger non relevat, because he has no power to receive it, and therefore it should be made to the party. 3tio, They should take their beasts themselves, dispose upon them, make penny of them, and so satisfy their credit. Yea in Cromartie's case, in 1664, the Lords found an offer of silver plate to the value of the sum owing, was not relevant to impede a comprising of lands, because it was not argentum signatum; and it is species and illiquid, and so cannot compense or pay. This agrees with lex Quintus Mutius, 27. D. de Auro argento et mundo legatis.
