Horning is not competent on the decree of a Baron Bailie.
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Robert Cormack obtained decreet before the Bailie of Leith against George Roger, for payment of a certain sum of money; and gave in to the Lords a bill for horning upon this decreet.
The Lord Ordinary reported the bill to the Lords. The reason of doubting whether the bill could pass was, That the Bailie of Leith is not the Bailie of a royal burgh, Leith being only a burgh of barony; and though part of Leith lies within the royalty of Edinburgh, yet the Bailie of Leith is not even in that light a Bailie of a royal burgh, but only the delegate of the Magistrates of Edinburgh; neither is it now known with certainty what part of Leith is within the royalty.
It was observed, That hornings had frequently been granted on such decreets, but they had passed of course, and not causa cognita.
“The Lords refused the bill.”
Reporter, Drummore.
Fol. Dic. v. 3. p. 275. Fac. Col. No 76. p. 115.
