Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER HOME, CLERK OF SESSION.
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v.
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15 January 1736 Click here to view a pdf copy of this documet : PDF Copy
Of this date, I find it marked in the day-book of interlocutors, that Lord Kilkerran reported the following objection to a bill, to wit, that it was addressed to two persons, the one as principal, the other as cautioner. The cautioner was charged, and made the objection.
The Lords found a cautionary obligation could not be constituted by a writing in form of a bill; and therefore found the bill null as to the cautioner.
N.B. Both had accepted simply.
No. 7. page 20.
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