A suspension of a decree in foro being passed, without reporting it to the Lords, was found null.
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Mr. Alexander Birnie having obtained decreet against ———, in foro, he obtained suspension by one of the Lords; which when it came to be discussed, the charger alleged, that the suspension was null, being passed contrary to the Act of Regulation, which appoints decreets in foro not to be suspended, but in præsentia, or by three Lords in the Vacation. It was answered, That this suspension being passed, it behoved to stand till it were discussed; 2do, That the Lords, upon supplication, remitted the bill to one of their number, to hear the parties, and to do as he found just, or to report, which gave him the same power as of the whole Lords; and though the bill cannot now be found, yet he who both passed the bill, and the Clerk, will depone thereupon. It was replied, That this warrant could not authorise one Lord in the vacation time to pass the bill, when the charger was neither obliged to attend, nor could get the Lords' answer upon amand.
The Lords, without considering the reasons of suspension, found the letters orderly proceeded, as being unwarrantably passed.
