Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Poor of the West Kirk, or St Cuthbert's, v. Janet Williamson
1681.
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February 22.—The Poor of the West Kirk parish against Janet Williamson being heard in presence; the Lords found the discharge of the same date with the bond, declaring the sum in that bond was the Poor's money, (though it was blank in the creditor's name,) to be of the nature of a back-bond, and so pars oblivationis; and therefore preferred the Poor (Mr James Elies, their treasurer's name, being now filled up therein,) to the said Janet, the arrester for Alexander Sked's debt: to which Alexander the said bond was delivered blank; and he, being then treasurer to the said Poor, and their debtor, filled up the name of his successor in office: except the said arrester offers to prove, by the witnesses inserted, that the discharge is antedated: in which case they allow her diligence for citing the witnesses to the 26th of February next. See thir parties at that day.
Vol. I. Page 130.
February 26.—The Poor of the Parish of St Cuthbert's against Janet Williamson, (22d Feb. 1681.) The Lords, having considered the deposition of one of the witnesses in the discharge, denying it to be a true date, find the same cannot improve it, (yet it may render it null,) if the other witnesses do approve; and therefore ordain the other witnesses to be cited and examined; and allow both parties the indirect manner for improving or approving of the same, providing Mr James Elies, betwixt and Wednesday next, compear and abide by the said discharge produced and used by him; in which case they ordain the said Janet, the improver, to consign £30 Scots in the clerk's hands; and if, before the said time, the said James Elies do not abide by it, then they prefer the petitioner, Janet Williamson, and ordain her decreet to be extracted; and allow Mr James to protest in his abiding, that it is only as kirk-treasurer, &c.; or otherwise, as he thinks fit.
Vol. I. Page 134.
See 12th December 1679, Robertson against Robertson; 15th July 1681, Comblin agaiust Corby; and 9th December 1681, Nisbet against Westkirk, the continuation of this case.
