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Duncan Robertson against Colin Gampbell, about the Sheriff-clerkship of Argyle. The Lords repelled the first dilator, that there were not free days by the copy they got from the messenger, in respect his execution produced was formal, which was found to be the standard and rule; and also did not regard that the execution bore only the within designed parties, though it was not indorsed on the back of the summons, but on a paper apart, seeing that was most required, when executions were used as interruptions; and here Mr Duncan was promised summar dispatch. They also repelled the second dilator, That the secretaries could not be pursuers, there being no factory produced for them; for, 1mo, They were absent, reipublicæ causa; 2do, Mr Duncan's interest alone was sufficient to sustain the process.
