Scottish Court of Session Decisions

Subject_1 PROCESS.

Duke of Norfolk, &c Supplicants.

1752, Feb. 26.
Case No. No. 22.

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They represented that they had pursued process of ranking and sale of the Company's estates, and executed it in terms of the act 23d November 1711, but found there were two parish kirks called Kinnaird, that the summons should have been executed at both of them, but was only executed at one of them, and it was uncertain which, and therefore prayed for our warrant for letters of incident diligence for citing the Company and the creditors at these two parish kirks on 21 and 6 days; which the Lords granted, and ordered the executions to be recorded in terms of that act; me solummodo, sed maxime, renitente, because that was a method of citing edictally all persons having or pretending to have interest, established by proper authority, and that had been observed above 40 years; and though we might alter it and make a new and different regulation, yet till that was done it was binding even upon us, and we had no dispensing power to dispense with it via facti, especially since the persons concerned neither were nor could be in the field, the question being only in what manner they should be summoned. Vide contra, 26th June 1752, (No. 24 infra.)