Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
1677.
July.
Click here to view a pdf copy of this documet : PDF Copy
One is pursued for a spuilyie; he defends that he found the horse eating his grass, and he poinded it till the scaith were prized. The Lords found his allegeance and defence only relevant in thir terms;—that he put it in a poind-fauld beside grass and water, and caused one having jurisdiction as the bailie or heritor of the bounds, apprise the scaith, and then offer it back to the owner on payment thereof. Vide, L. 39, § 1. D. and L. 5tam C. ad legem Aquiliam; see act 11, Parliament 1535. and Bartolus there cited.
Thir two decisions I read in the President's Collection of Practicks.
