Scottish Court of Session Decisions

Subject_1 STIPEND.

Mr James M'Garroch
v.
Scott

1740, July 22.
Case No. No. 2.

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M'Garroch upon a decreet of locality charged Scott a tenant for payment of his stipend, who presented a bill of suspension, which the Ordinary passed,—and the question was, Whether it could be upon caution, or if there must be consignation? The question turned upon the act 1669, Whether this was a charge on a special decreet? It is true that I have always thought that suspension should be upon consignation, but upon consideration of the act, and comparing that with the act 1690 and our law books, particularly Stair, Title Executorials, I thought that this was no special decreet as to persons not named nor called in it, and I thought that the letters upon such decreet against all others than those named in it were general letters.—18th June.

July 17,—The question of a suspension of charge against a tenant on a decreet of locality, Whether it must be only on consignation? and we seemed to be of opinion on the construction of the act of Parliament to alter the former interlocutor of 18th June. But we were difficulted by the alleged uniform practice, and therefore delayed till that be enquired into; and upon report by the clerk of the bills, the 22d, which was not very positive of an uniform practice, the Lords adhered, finding that the money must be consigned; but I am told it came to the President's casting vote, for I was in the Outer House; and on the 24th refused to receive a third petition.