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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
anent arrestments
1673.
July.
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It was questioned amongst the Advocates, how money could be arrested in a minor's or pupil's hands, especially if he wanted tutors or curators; and when he had them, in whose hands the same was to be laid on. Sir George Lockhart thought, if he was a pupil, it behoved to be in the tutor's hands allenarly, especially where he was intra infantiam, id est septennium, per l.18, C. de Jure deliberandi; because tutors act and administrate as principals, et gerunt personam pupilli, whereas, after pupilarity, the minor becomes principal, and the curators only consent; and therefore, after fourteen, it behoved to be in the minor's hands: but in both cases, in the pursuit to make forthcoming, the tutors and curators ought to be called: yet that the curators might be cited by a general citation at the market-cross where the minor resides; but where he wanted tutors or curators, then the bill of arrestment behoved not to pass in the ordinary form, but upon special knowledge of the Lords, that they may either authorise him or dispense with the same.
It was also doubted, how we could arrest in the hands of him who was out of the country; and if he had factors or commissioners established, if it would be legal enough to arrest in their hands. But I think it safest that the bill pass upon special notice of the Lords, and bear that the party is out of the country; and the Lords will grant letters of supplement for doing of the same. Vide supra, No. 310, 24th January 1672.
