Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Anent Poinding
1676.
February.
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I have heard it maintained, that poinded goods, especially if they be a dead poind, that puts the creditor poinder to no charge or expence in keeping it, ought to be kept 24 hours ere they can be apprised at the market-cross, to wait if the debtor will come and relieve it, medio tempore, by payment of the sum for which it was poinded; and I hear the custom of Edinburgh is to apprise them three several market-days, before the creditor has an absolute right to them. (The act 2d in 1669 allows what is poinded for deficiency in out-reiking the militia, may be redeemed for six days after.) Yea, I have heard some go a greater length, to affirm, that for 24 hours after the apprising is past, the debtor may still, upon payment, redeem his own goods; which, if true, is undoubtedly introduced humanitatis gratia: so that though, by the apprising at the market-cross, the creditor becomes dominus of the apprised goods, yet it is a sort of dominium revocabile from him for 24 hours after. But 1 hardly think this laxamentum temporis would be indulged to a third party who offers, after the apprising at the market-cross is past, to come and make faith the goods are his, as having right to them by disposition, or as landlord, jure hypothecæ, but rather that he will be totally secluded. Vide Feb. 1680.
