Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Election of Haddington

1741, Jan. 27.
Case No. No. 14.

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I was in the country, confined by the storm, when the first interlocutor was given, and therefore did not mark it, but it is full in the reclaiming bill which I keep. The Lords adhered to the former interlocutor, sustaining the objection that the execution was not signed by the witnesses, and found it not now suppliable. The word now was added by Arniston, because he thought in the general it was suppliable. But as the amended execution was not produced within the year of the defender's magistracy, as to which I thought it not suppliable in the general at any time after it was produced in judgment, I thought the producing it after the year did not alter the case, if it were suppliable. They adhered as to the other two points; that the execution did not bear with whom the copv within the house was left, and 3dly, that Brindles, one of the Councillors, was not called. They waved determining the point in the other petition, that the process was not insisted on within the year; only Arniston declared his opinion that it was a no-process; and they found the pursuers liable in expenses.