Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.

-
v.
-

Date: 25 June 1675

Click here to view a pdf copy of this documet : PDF Copy

Upon a report made to the Lords, concerning a decreet of the commissaries, which was questioned upon iniquity; because, it being urged that caution should be found in an improbation, the commissary did not order the party to find caution; it was debated amongst the Lords, Whether caution should be found or money should be consigned, as well in actions as upon exceptions in improbations: And some were of the opinion, that caution, or consignation should be in all questions of improbation, whether by way of exception or action; conform to the Act of Parliament, Q. Mary, 7 Par. cap. 62. And some of the Lords were of the opinion, that, the law being clear to that purpose, consignation should be wherever such questions fall out, either by way of action or exception. But the contrary was asserted by others; and they pretended custom: but nothing was instanced to verify the custom; and, though it were, it ought not to derogate to so clear a law upon so good grounds.

The Lords did not decide this point at this time.

Page 135.