Subject_1 ADJUDICATION and APPRISING. Subject_2 APPRISING.
Oliphant of Provostmains v. -
Date: 3 February 1675 Case No. No 13.
A messenger dying after deducing comprising, but before he subscribed it, the Lords refused to allow another messenger, who only had executed the letters, but had not sat as judge, to subscribe it.
Click here to view a pdf copy of this documet : PDF Copy
A bill was given in, desiring, that a comprising being deduced, and the messenger having deceased in the interim, before he subscribed the same; therefore, another messenger, who was his colleague, might be allowed and warranted to subscribe the said comprising.
The Lords considered, that the messenger that was in life, though he had been employed to execute the letters of the comprising, by denouncing and citing; yet he did not sit, nor was colleague to the deceased messenger, or was judge with him, the day and time of the deducing of the said comprising; and that a comprising being processus executivus, consisting of the executions, and of the process and sentence of comprising, upon the day that the debtor was cited thereto; though divers messengers may act severally as to citation and denunciation, yet none of them could be looked upon as the judge and the pronouncer of the sentence, who ought to subscribe the same, but the messenger that did actually sit as judge, and, upon the verdict of the inquest, did decern and adjudge.
