Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Summonses and Processes
Date: 2 January 1680
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I.—It was alleged against a summons,—No process; because the second citation is given before the day of compearance in the first citation is elapsed: and thereupon he takes instruments: the pursuer takes up his second execution and mends the date of it, and offers to abide by it.
Replied,—That he might have amended it before calling, but he cannot be suffered to do it now after that it is quarrelled; but he ought to cite of new again for the second diet.
II.—A process is returned by an advocate, and two or three are marked a partibus; but all the time it is never seen by any advocate, and then it is of new enrolled. At the calling it is alleged,—That it must be seen in communi forma before they can be obliged to debate, they not having seen it now these several years; and, if year and day expire, there are Acts of Sederunt appointing it should be given out again to be seen by the contrary party's advocate; and it is relevant to offer to prove, by the clerk's oath, that the partibus was not yearly marked, but only lately. See Act of Regulat.
III.—In summons against sundry defenders, the Lords have discharged to insert two sundry days of compearance, though never so many were called; and ordain the summons to contain only one day of compearance for all.
