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 FORM OF PROCESS.

Procurator-Fiscal of the Lyon Court
v.
Murray of Polmaise

Date: 21 June 1776

Click here to view a pdf copy of this documet : PDF Copy

This day, viz. 14th Juno 1776, I was desired to move a reclaiming petition of the Procurator-fiscal of the Lyon Court, reclaiming against an interlocutor of Lord Hailes, in a dispute betwixt said Procurator-fiscal and Murray of Polmaise, (14th June 1776.)

The reclaiming days were long ago elapsed; but the agent for Mr Murray having given a signed consent to prorogate them to this day, it was alleged, that this was sufficient.

The Lords thought the practice irregular; for, although it is true that the consent of parties may dispense with certain forms, as wakenings, &c. yet the reclaiming days are fixed, as well for the benefit of the Court as of the party; and ought not to be dispensed with.

And this day, 21st June 1776, when the petition was moved, in presence, by the Lord President, his Lordship declared, that though the objection was to be past over for this time, yet it would not be so in time coming.

The Lords made an order accordingly; declaring, that no consent of parties should prorogate the reclaiming days. It was entered in the Sederunt Book.