Foreign Writs, formal according to the Law of the place, afford action in Scotland, as obligatory jure gentium.
Subject_3 SECT. I.
Bonds without witnesses.
Master of Salton v. Lord Salton
Date: 5 July 1673 Case No. No 4.
Found as above.
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There was a bond of 20,000 livres granted by the Lord Salton, and several others, who were all Captains in France in the Earl of Irvine's regiment, to a Frenchman there, according to the style and form of France. The Master of Salton having procured right to this bond, and therewith intending to affect the lands of Balvenie, which the Lord Salton had disponed to Arthur Forbes, pursues the now Lord Salton and others, the heirs of line of the late Lord Salton, that upon their renunciation he might adjudge. Compearance was made for Arthur Forbes, as having interest by his disposition, to exclude any pretended debt that might burden the Lord Salton's heirs or estate; who alleged absolvitor, because the bond was null, having no witnesses, and no designation of the writer, which are required by the act of Parliament.—It was replied, That albeit these be necessarily requisite to writs made in Scotland, yet it doth not extend to writs made elsewhere, being done according to the custom of the place, nor doth it extend to bills of exchange amongst merchants; and it is offered to be proven, that this bond is valid according to the custom of Rhiems in France, where it was made; for trying of which custom, commission was granted to the Presidial of Rhiems, who returned their report, that by their custom, and the common custom of France, such bonds were valid, though there were no witnesses insert, if by witnesses, or by comparison of writ, the hand-writ of the party were proven.
According to which report, the Lords, by comparing of the Lord Salton's hand-writ, and other writs produced subscribed by him, did sustain the bond.
