Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr William Stevenson v. Sir John Cochran
Date: 20 July 1694
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Mr William Stevenson against Sir John Cochran, for declaring a bond extinct, because it was granted by him to Sir John, as superior of his land, blank in the sum, and he had not filled it up within year and day; and so it expired, as all submissions do, where no decreet-arbitral nor determination follows within the year.
Answered,—Though it was a reference and submission quoad the sum to be filled up, yet it could not be reputed a submission as to the effect of expiring within year and day.
The Lords thought it not of the nature of an ordinary submission; but, in regard it was an irregular power, they named some of their number tanquam arbitri et boni viri, at whose sight Sir John should fill it up with a moderate sum.
