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.

Agnes Peadie Petitioner

Date: 14 December 1776

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Lord Stair, p. 582, says, that adjudications on the Act 1672 may pass upon a summons of one diet, of six days, where parties are near. Lord President and Lord Braxfield, in considering a petition of Agnes Peadie, gave it as their opinion, (14th December 1776,) that this, of one diet, could only be followed in second adjudications, but that all first adjudications, on the Act 1672, behoved to be on two diets, with the common induciæ.

See Induciæ Legales.

In the same petition, it was held as established, that it was not a no process to make the diets of compearance fall in the Christmas vacation:—and it was not controverted. This was repelled by Lord Elliock, 28th February 1771.

A dilator of this sort repelled by Lord Justice-Clerk, 88th July [1774, in a reduction of a decreet of the Commissioners of Supply of Clackmannan.

See Forbes, 23d June 1713, Colquhoun; and 23d July 1713, Gordon.