Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
William Foulis v. Hepburn
Date: 4 November 1704
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Mr William Foulis exhibited a complaint against one Hepburn, a servant in his office, that he had forged his subscription to the registration of one Kenneth Mackenzie his seasine, only for the benefit of the dues; and, being challenged, he acknowledged the falsehood.
The Lords granted warrant, in respect of his absconding, both to cite and apprehend him; and ordered the Queen's advocate to insist against him; and, in case of not compearance, to denounce him fugitive; and appointed the seasine to lie in their clerk's hands. It was started, this registration being null, and the sixty days expired, Who should be liable to the party's damage, who must take a new seasine, and, if there be a competition, may fall to be postponed in his diligence without his own default; seeing the delinquent was both absent and unable to refund; and if the keeper can be liable, who malorum ministrorum opera utebatur, for whom he should be answerable. But the party, taker of the seasine, not having yet applied, this inspection was laid aside at present.
