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 SUMMARY APPLICATION.

Earl of Lauderdale, Petitioner

Date: 4 December 1776

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John Cross, one of the keepers of the laigh Parliament-house, was also doer for the late Earl of Lauderdale ; and some of the Earl's papers having been found in that house, belonging to no register, but most of them principals, apparently deposited there by Mr Cross for preservation from fire, the present Earl applied to the keepers to have them up, on an inventaryand receipt. They demurred. Whereupon he presented a summary petition to the Court for a warrant of delivery. The Lords thought this a dangerous precedent, to take papers even out of a register house in this summary manner ; they did not know what might be under it, or what claims Mr Cross's representatives might have upon them by way of hypothec ; and though, on presenting the petition, they ordained the same to be intimated to Mr Cross's representatives, yet, on recollection, December 4th 1776, they found the application irregular, reserving to the Earl to bring an exhibition for recovering them against all concerned.