Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Alexander Higgins v. His Creditors
Date: 21 December 1695
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The Lords, on Crocerig's report of a bill of suspension and charge to put at liberty, at the instance of Mr Alexander Higgins, advocate, against his creditors, found the sist of the execution given him by the Parliament 1693, till his creditors should see and answer, till the next sitting of Parliament, could not import a perpetual sist and protection till the Parliament should have leisure to determine; for that might be long enough; and here there had intervened another session of Parliament, viz. in summer 1695. Neither could these deliverances, which ordinarily passed of course without notice of the Parliament, amount to a litis pendentia to table the cause privatively before the Parliament, so as no other judge could meddle with it, there being no process nor warrant for citation before the Parliament, the form whereof is now prescribed by the 2d Act 1695; and so they found his imprisonment warrantable, and no contempt of the Parliament's sist; which he had enjoyed for several years, contrary to the Parliament's design: but ordained him to be set at liberty on caution for the debts of the caption on which he is incarcerated or arrested since.
On a new bill, the Lords, finding it was tabled before the Parliament by the creditors giving in answers, liberated him.
