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Scottish Court of Session Decisions >>
Act of Sederunt anent extracting Decreets. [1748] Mor 12186 (3 February 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor2912186-333.html Cite as:
[1748] Mor 12186
Decrees on refused representations must be put up in the minute-book, and not extracted till after three days.
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The Lords of Council and Session considering that sometimes decreets are precipitantly extracted, after interlocutors refusing representations, reclaiming against interlocutors of Lord Ordinaries pronouncing decreets; do therefore statute and ordain, That when any decreet shall be pronounced by a Lord Ordinary, and a representation shall be presented against the same and refused, that immediately the decreet formerly pronounced shall be again put up in the minute-book, of the date of the interlocutor refusing the representation; and discharge any decreet to be extracted upon the refusal of such representation, for the space of three days after the said decreet shall be last put up in the minute-book; and after expiring of the said three days, allow the decreet to be extracted, unless the same be again stopt by an interlocutor of the Ordinary, or that applicatiou shall be made to the Lords in presence, by petition; and ordain this act to be recorded in the sederunt-books, and printed and published as usual.
