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An advocate found obliged to answer summarily in an alimentary matter, not regarding his office.
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Helen Home gave in a bill, desiring that Mr Patrick Home advocate, might be decerned to pay to her the sum of 2000 merks, which was all the means and portion she had by her father, in respect that Mr Patrick, by a tack set to him by his father, is intromitter with the estate of Rentoun, for satisfying of the creditors: It was answered for Mr Patrick, that he could not be obliged to answer upon a bill, unless it had been in relation to matters in his office as an advocate; and, by the act of regulation, all processes must be inrolled, and come in by the roll.
The Lords repelled this allegeance, and ordained Mr Patrick to answer upon the bill, in respect that they are always accustomed to determine bills, and to discuss causes upon bills of suspension (where both parties appear) summarily, and likewise other bills that require present dispatch against persons in and about Edinburgh, who are cited upon the bill, and to answer before the Ordinary upon the bills, and so stop not the preference of solemn processes, which are discussed by the Ordinary upon the bench by the roll; and which is now more necessary than formerly, in respect that by the act of regulation, it is a considerable time ere a process under the signet can come in. And this case being alimentary, and the poor woman in great distress, the Lords sustained the bill.
