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.

Douglas, Heron, and Company
v.
Charlton Palmer

Date: 21 November 1776

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ARBITRATION. See Decreet-Arbitral.

ARRESTMENT.

In deciding a cause between Douglas, Heron, and Company, and Charlton Palmer; the Lords signified their opinion, that letters containing warrant for arresting the debtor’s effects, in common style, “wherever they can be found,” was a sufficient warrant for arresting at market-cross of Edinburgh, pier and shore of Leith, although no special warrant in the horning was granted for that purpose.

As to summonses, the practice is, to put a special warrant for market-cross, pier and shore, into the summons; and without such warrant an edictal citation will not do. But the reason seems to be, that the will of a summons describes, specially, the mode of execution; it is the same as the other diligence where there is to be a charge; but as to arrestments, either on a horning or letters of arrestment, the warrant to arrest is indefinite, and therefore may be used in any form as the case requires.

It was objected to the execution of a summons of adjudication, that it was executed at the market-cross, pier and shore, although there was no warrant for it in the bill on which the summons proceeded, but only to cite in common form. The Lords repelled the objection. Fal. 22d July 1747, Lord Braco against Brodie.