Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Beatson of Polguild v. Beatsons of Kilrie and South Glassmonth
1678,
1679, and 1680.
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1678. July 19.—in the action pursued by Beatson of Polguild against Beatsons of Kilrie and Soutbglassmonth, the Lords assoilyied them from the qualifications enforced by the pursuer against them, to make them liable and accountable to him for omissions, as they who had acted as protutors, viz. that Kilrie had meddled with the charter-chest, and taken out papers, &c.: which the Lords did not find sufficient to make him protutor; for they remembered, in Scrimzier and Weddcrburn of Kingennie's case, they had found a greater meddling than that no acting as tutor. See, anent deeds importing protutory, the case between Ellies of Southside and Charles Carse, decided on the 18th November 1671.
Vol. 7. Page 10.
1679. January 23.—At Session, a bill was given in by Mr John Ellies, advocate, and Beatson of Kilrie, against Beatson of Polguild, who had threatened Kilrie in the Session-house, that he would kill him; and said, that Mr John Ellies had betrayed General Dalziel in his causes. Though threatening does not infer tinsel of the plea by the Act of Parliament, which speaks only of beating and wounding, yet it is crimen in suo genere, especially in the Session-house. And therefore the Lords recommended to Newton, in order to the punishing of the parties, that he should examine both parties, and witnesses, upon the whole circumstances of the bill. See the process depending betwixt thir parties, July 19, 1678.
Vol. I. Page 36.
1680. December 2.—Beatson of Polguid against Beatson of Kilrey, (as to their qualifications of tutory,) was this day decided; and the Lords modified the value of the coal intromitted with, to 1200 merks yearly.
