Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of the Reporters for the Faculty.
Subject_2 HORNING.

Angus M'Donald
v.
Robert Ranken, Lyon Clerk Depute

Date: 5 August 1774

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A bill of horning on a decreet of the Lyon Court, against a messenger, for not accounting for the contents of certain bills put into his hands to do diligence, and for the penalty of his bond of caution, as having failed in his duty,—having been presented, the Lords demurred. The statute insisted on for the Lyon, and to prove that horning was competent, was 1587, c. 46. But it was suggested, that letters conform, mentioned in the end of that statute, does not mean letters of horning; but a decreet conform, properly so called. Secondly, The Legislature, by an express statute, 1644, authorised letters of horning on the Lyon's decreets against messengers,—which clearly shows that none such were competent before. But, 3tio, This Act was rescinded at the Restoration ; and therefore things were left as they were before this act was made. As to the practice, the clerk to the bills reported that only two hornings had, to his memory, been past on Lyon decreets ; and these bills he had presented, not knowing that the Act 1644 was repealed.

The Lords, 5th August 1774, refused the bill.

They did the same eodem die, on an extract of a messenger's bond of cautionry registered in the Lyon books, bearing a consent to that purpose, Robert Ranken against William Gillies, messenger.