Scottish Court of Session Decisions

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

Colonel Barclay
v.
Arbuthnot

Date: 3 December 1675

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

Colonel Barclay, having produced, in termino, a relaxation unregistrate, for proving a defence, founded upon the relaxation:

It was alleged, before the Lord of the Outer-House, that the term ought to be circumduced:

Whereunto it was answered, That it could not be circumduced, since he had produced the said paper; and avisandum ought to be made, that the Lords might advise whether it proves or not.

The Lords found, That, in such cases, where possibly a blank paper, or a paper of another nature than that which was to be produced, is produced in termino, the judge may and ought to circumduce the term; where it is evident, that such papers are produced, not to satisfy, but to delay and abuse the judge. But, in this case, seeing it was found that Colonel Barclay had produced sufficiently ad victoriam causæ, so that there may be some ground of doubt and debate; the Lords found, That it was competent only the time of the advising.

Gosford, Reporter.

Page 151.