Solemnities requisite in the execution of diligence. - Purification of condition debts.
John Vere-Kennedy, Supplicant, v. John Stuart, Writer to the Signet
Date: 27 July 1710 Case No. No 40.
The raising horning on an act of the general convention of the Royal Burghs, appointing one to pay a sum to another, found warrantable.
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Upon a complaint at the instance of John Vere-Kennedy, against John Stuart, for raising letters of horning against the complainer, upon an act of the General Convention of the Royal Burghs, appointing him to pay L. 500 to Mr Alexander Clark and John Fraser, as a part of the damage they sustained through their being unjustly incarcerated and detained prisoners at Campvere, to which the complainer was accessory; the Lords found the raising of the horning warrantable; in respect it was answered for Mr Stuart, That the act 6th Parliament 19. James VI. allows to raise horning upon acts of the Burghs; and, it doth not alter the case, that the act appoints the complainer to pay, and doth not decern him to pay; for most of the acts of the Burghs run in that strain, and an appointment to pay is the same with a decerniture.
