Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Charles Oliphant
v.
Currie

Date: 5 December 1674

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Charles Oliphant, being infeft in some lands, by an apprising, pursues Provost Currie, and others, for maills and duties; who alleged, No process; because the second summons is only on three days, which should have been on six. It was answered, That, by the constant consuetude, all parties may be cited, being found within Edinburgh or the suburbs, on twenty-four hours; in which there was a late decision, produced at the instance of Sir James Cockburn against Lumsdane, who was cited in the Cannongate. It was replied, That the Lords, by their late Act of Sederunt, had declared the continuation of the diets of summons, without any exception of this privilege. The Lords, considering that there hath been such a custom even extended to those that were occasionally in Edinburgh, ordained an addition to be made to the Act of Sederunt, excepting citations within Edinburgh, and the contiguous suburbs; but only against the inhabitants there; for, as to strangers, who are not presumed to have their writs, or other probation, with them, they thought it just that the legales induciæ, competent by law, should be free for them.

Vol. II, Page 289.