A copy is not sufficient to produce as the charge.
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Collin M'Kenzie of Kincraig having apprised the lands of Multovie and others, and having thereupon charged the superior, pursues a removing against Lauchlane M'Intosh of Kinrara, who had apprised the same lands, and was infeft. The said Lauchlane raised suspension and reduction; and the charger having called upon the copy of suspension, the suspension being produced, the charge was given out to see to the suspender, and was returned, inrolled, and now called by the Ordinary. The charger did not insist, or produce the decreet of removing, which was the charge. But the suspender produced the suspension, and a copy of the decreet, and alleged, his reason being relevant, and instructed by the charge, he referred the same to the Lords to be advised, that the letters might be suspended simpiliciter. The reason of suspension was, that the charger was not infeft, but did only charge the superior, which could be no warrant for removing.
The Lords found, That the reason could not be instructed by the copy, and therefore suspended the letters till the charge were produced. But seeing the suspender had come from the farthest part of the north, to keep the diet of compearance, conform to the books of inrolment, they modified to him £.200 of expenses, if the charge were not produced; but if the advocate compearing for the charger should depone that, since the first calling by the Ordinary, he was not master of the process, restricted the expenses to £.100.
