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Scottish Court of Session Decisions >>
Sir William Bruce of Kinross v Sir George Hamilton and Others. [1703] 4 Brn 545 (12 January 1703)
URL: http://www.bailii.org/scot/cases/ScotCS/1703/Brn040545-0042.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Sir William Bruce of Kinross v. Sir George Hamilton and Others
Date: 12 January 1703
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Sir William Bruce of Kinross, being charged with horning to give forth his decreet-arbitral on a submission made to him and others by Sir George Hamilton, Jerviswood, &c. on the one part, and Alexander Bruce, son to Broomhall, on the other; and being denounced thereon, and executions being given in to be registrate, he applies by a bill to the Lords, craving, Seeing it was too hastily and precipitantly done, that they would grant warrant to Mr Mitchelson, keeper of that register, to score the same out of his minute-book, and discharge him to record it; which he alleged had been frequently practised.
It was answered,—Whatever had been done before the 14th Act of Parliament 1693, yet, since that time, the Lords neither had nor could give any such warrants, either to vitiate and delete registers, or even to write on the margin that the same was recalled; and the only regular method and remedy now left was to take out the gift of their own escheats; as was lately done on application made by William Nisbet of Dirleton, and others, denounced for absence from assizes.
The Lords refused to delete the same out of the books, and put them to take the gift of their own escheats. The Lords, by plurality, refused to interpose with the keeper of the register, or to discharge the booking; and left Sir William to his own way.
