[1705] Mor 7691
Subject_1 JURISDICTION.
Subject_2 DIVISION XIX. What Courts competent for Registration, in order to do Diligence.
Date: John Matthie, Skipper in Prestonpans,
v.
The Commissary Clerk of Edinburgh
23 June 1705
Case No.No 393.
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The said John Matthie having caused register a bond due to him in the Commissary-books of Edinburgh, and having afterwards occasion to raise an
adjudication for the debt, which could not be done effectually upon an extract out of these books; and the Commissary-clerk having refused to restore the principal upon getting back the extract, because the bond was booked, application was made to the Lords of Session by a bill for a warrant to the said Commissary-clerk, or his deputes, to give up the principal bond to be registered in the session-books, in order to found a legal diligence for making the debt effectual. The Lords granted the desire of the petition.
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