Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Meldrum, Petitioner
Date: 10 November 1696 Case No.
No 698.
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Mr Robert Meldrum, Advocate, gives in a petition to the Lords, representing, that he was nearest kinsman to Colonel Meldrum, who had stocked in the Republic of Hamburgh's hands all the money he had gained in the Danish service; and there were some remote friends in the North intending to serve heirs there, and confirm executors to him: which, if past, would not only afford the town of Hamburgh a good pretence to retain all in their own hands, seeing a competition amongst heirs and executors; but would also prove a reflection on the honour and justice of the nation, to see contradictory retours, and all proceeding on the oaths of fifteen sworn men; and would lay a foundation to waste and consume the whole effects in pleas. Therefore he craved that the Lords might direct a warrant to the clerks of the Chancery to issue out no brieves till the supplicant be cited and acquainted; and the same orders to the Commissaries before they serve an edict.
The Lords considered, That brieves ordinarily passed on a general and edictal citation against all and sundry, without the citation of any particular person, in respect the parties interested were not known; but where application was made, and it appeared there were several parties concerned, it seemed very reasonable they should be cited; and the Lords had done so in the case of M'Culloch against Morton, recorded by Spotiswood, tit. de Hœreditar. Action. But before they would give any warrant to the Director of the Chancery and Commissaries, they ordained the bill to be intimated, that any concerned may answer the same if they please.
