The Decisions of the Court of Session, From Its First Institution Until the Separation of the Court Into Two Divisions in the Year 1808

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Excerpt from The Decisions of the Court of Session, From Its First Institution Until the Separation of the Court Into Two Divisions in the Year 1808: Digested Under Proper Heads, in Form of a Dictionary, In Which All the Decisions in Manuscript in the Library of the Faculty of Advocates Are Published for the First Time, and Those Formerly Printed Are Corrected, With Additions in Notes, Vol. XIII-XIVIN an improbation of a comprising, wherein the executions and warrants of the comprising were called for, to be produced and improven, and the defender having produced the principal comprising, which was deduced 20 years since, he alleged, That up certification ought to be granted for not production of the executions and warrants thereof, which remain with the clerk of the compris ing, and come not again to the party, and the clerk is not called for to produce the same in this process, so the party cannot be holden to produce the same. This allegeance was repelled, and no necessity found to call the clerk to this improbation, who was but a private person, and could not be reputed a public officer or clerk, who could be known to the pursuer, whereby he had no neces sity to call him, seeing the compriser might take at his pleasure any ordinary notary to be his clerk, and that the party ought to take up all the warrants of his comprising, and to keep the same upon his own peril, and that they remain not with the clerk, albeit the comprising was deduced 20 years since and if the party had omitted to take his warrants from the clerk, he ought to have recovered the same by his travels, or some other lawful diligence against the clerk, and produced the same in this process, that the Loans might have con sidered if it should have staid the certification or not, but that not being done. He was ordained to produce, without necessity to cite the clerk in this process. In the action E. Kinghorn against George. Stiang, No a. P. 5igs. The lord.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.