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Subject_1 ARBITRATION. Subject_2 Power of Arbiters.
Wood v. Scott
1583.
November. Case No. No 4.
An arbiter has no power to enforce execution of his decree.
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In a pursuit one Wood against Scott, for wrongous ejecting her out of a steading whereof she had tack and assedation, excepted, That he entered thereto by virtue of decreet-arbitral, pronounced betwixt them.—Replied, Giving it had been, yet the defender should not have entered thereto by virtue thereof, before the authority of the Lords or other judges ordinary had been interponed, and that he had first sought the ordinary remeid of a warning; for an arbiter hath no power to put his own decreet in execution. Quia licet arbitria sunt instar judiciorum, tamen arbiter nullam censetur habere jurisidictionem.——The Lords found this reply relevant.
