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Subject_Process—Diligence.—
A party having borrowed a process in the name of an agent, but without his authority, and a process-caption having been issued against the agent—bill of suspension at his instance passed simpliciter.
In a Bill-Chamber process, between Alexander Scot, W.S., and Captain William White, the latter gentleman made several productions. Robert Roy, W.S. was the agent of Scot; and, at a time when Roy was in the country, one of Scot's clerks, named Black, borrowed the process and productions in the name of Roy. When the process was returned, there was one production wanting, and Captain White obtained a caption against Roy, who presented a bill of suspension, stating, that Black had acted without his authority, and was no clerk of his. On the report of Lord Cockburn, their Lordships ordered the bill and answers to be printed; after which, the Court passed the bill at Roy's instance simpliciter: and another bill of suspension having been presented by Black, their Lordships ordered Scot to lodge a minute in that suspension, explanatory of his share in the proceedings. *
Solicitors: R. Roy, W.S.— W. Wallacf, W.S.—Agents.
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* Vide posten.