[1778] 5 Brn 567
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 REGISTER.
Date: John Spottiswood, and John Wauchope, Writer to the Signet, his Attorney, Petitioners
16 December 1778 Click here to view a pdf copy of this documet : PDF Copy
This day, John Spottiswood, Esq. and John Wauchope, his attorney, petitioned the Court, setting forth, that, in summer 1777, having registered in their Lordships' books a bond to him by Mr Davie, an Englishman, at that time residing in Scotland, Davie had now brought a suit in Chancery for setting the said bond aside; therefore it was necessary for him to produce said bond in said suit,—not only to get the better of the action raised, but to obtain payment, so could not return it. But without their Lordships' warrant he could not get the bond from register.
The Lords, though for some time past they had complied with demands like this, only upon a receipt and caution to return the bond within a limited time;
yet observing that their predecessors had gone a step farther, and, in a case similar to the present, (see Kilkerran, p. 479, Lundie, petitioner,) had complied with the demand, without caution or an obligation to return, they pronounced the following interlocutor:—“Grant warrant and ordain the Clerks of Session, their deputes, and substitutes, to deliver the principal bond to the petitioners, or either of them, on a receipt to be granted by the receiver, and ordain it to be marked on the margin of the record that the said bond was, of such a date, delivered up for the purpose mentioned in the petition, and that it was so done by warrant of the Lords.”
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