Scottish Court of Session Decisions

William Henry, plumber, West Campbell Street, Glasgow, presented a suspension of a charge, to pay £48, 3s. 11d. of expenses awarded against him in a litigation with John Anderson, gasfitter, Waterloo Street, Glasgow. He presented his note without offering caution, but was allowed to amend it to the effect of offering caution, and on 15th July his note was passed “on caution.” On 3d August caution had not been found, and the respondent's agent intimated, in terms of section 9 of the Act of Sederunt of 24th December 1838, that he would apply for a certificate of failure to find caution on the following day. An application was thereupon made for prorogation, and, after hearing parties, the Lord Ordinary prorogated the time till 8th August, at twelve o'clock. Caution was not then found, and on 14th August Lord Ormidale refused the suspension, with expenses.

The suspender reclaimed and urged that he had not received the intimation provided for in the Act of Sederunt previous to the application for refusal of the suspension on the 14th August. He also stated that his bond of caution had reached Edinburgh on the 9th, but the respondent's agent refused to consent to its being received. The respondent replied that intimation had been given on 3d August, and that no farther intimation was necessary. He consented, however, that the suspender should be reponed on payment of full expenses.

The Court held that no ground for reponing the suspender had been made out, and that but for the consent tendered they would have refused the reclaiming note. The case was continued that the condition on which the consent was tendered might be fulfilled.