Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Robert Douglas, minister of Bothwell, v. Hamilton of Parkhead
1674.
February.
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Mr Robert Douglas, minister at Bothwell, charges Hamilton of Parkhead on a bond for 300 merks. Amongst the reasons of suspension this was one, that the extract of the bond produced was not probative, being only registrate in the town-court books of Renfrew, within which town or its jurisdiction he never lived; and though a decreet of registration of a bond was a decreet of consent, yet if it was given by an incompetent judge it was null. (Vide infra, July, 1667, No. 610.)
Answered,—The suspender had renounced the competentia et exceptio fori, by agreeing in the clause of registration, that it should be registrate in the books of Council and Session, or any other Judge's competent within the kingdom.
Replied,—That still he behoved to be competent.
The Lords passed over the irregularity of the registration.*
Advocates' MS. No. 442. folio 231.
* But, in form, the least they can ordain is, that the principal bond be produced cum processu; which I have seen done.
