A cause below L. 12 cannot be remitted with instructions. See No 21.
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A bill of advocation, from the Sheriff of Stirling, of a cause under L. 12 Sterling, being, by the Ordinary, remitted with an instruction, one of the parties thinking himself aggrieved, in point of law, reclaimed by petition; which the Lords appointed to be answered, for no other reason but that the bill of advocation might be simply refused; being of opinion there could be no instruction given in a cause below L. 12 Sterling.
And, accordingly, the Lords, on advising petition and answers, “remitted to the Sheriff to do as he should see cause.”
Fol. Dic. v. 3. p. 20. Kilkerran, (Jurisdiction of the Lords of Session) p. 320.
