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Scottish Court of Session Decisions >>
Cranston v Mr Mark Ker. [1675] Mor 12091 (4 February 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor2812091-201.html Cite as:
[1675] Mor 12091
Proof to lie in retentis was not allowed, where the summonses were not executed, and so no dependence.
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Upon a bill, it was desired that witnesses should be examined in relation to a process, that their depositions should lie in retentis; but the Lords found, that though summons were raised, that the same not being executed, there was not a dependence; and that it was a streach great enough, to receive witnesses before litiscontestation in a depending process, which the Lords are sometimes in use to do; but that witnesses should be received upon a bill, without the foundation of a process, is inconsistent with form.
It is to be regreted, that of late, the time of the English, that abuse having crept in, that there are so many bills given in, and sometimes passed through inadvertency in a hurry; the said custom should be yet retained; so that bills do justle out processes and the hearing of causes; especially it being considered, that they are oft-times offered in the very time, when, after pleading in other causes, parties and advocates are removing; which is the occasion that oft-times most of the Lords are not advertent when the same are offered: And it is a practice not suitable to the gravity of the Court, and not without a dangerous consequence; seeing bills may be anent matters of great importance, which ought to be offered to the Lords in a decent way, and should be considered by them deliberately.
