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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: -
v.
-
12 December 1683 Click here to view a pdf copy of this documet : PDF Copy
The obtainer of a decreet of suspension having extracted the bond of caution, and charged the cautioner, who suspended and proponed improbation against the bond, and craved the pursuer to abide by it;—it was alleged for the charger, That the bond of cautionary not being to him, but given in to the clerk of the bills, he could only abide by the extract he had gotten out of the clerk's office. The Lords, having considered that bonds of cautionary are sometimes forged, and that the suspender behoved to be called, they decerned against the cautioner: superseding extract till the latter end of January; that, in the mean time, the cautioner might raise a summons of improbation, and insist therein, which they would summarily take in in this process, and would ordain the clerk of the bills to satisfy the production, by giving in the principal bond.
Page 150, No. 542.
The electronic version of the text was provided by the Scottish Council of Law Reporting