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Scottish Court of Session Decisions >>
Robert Baird and Alexander Anderson v Sir Robert Hamilton of Silvertonhill. [1665] 2 Brn 382 (28 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020382-0655.html Cite as:
[1665] 2 Brn 382
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Robert Baird and Alexander Anderson v. Sir Robert Hamilton of Silvertonhill
Date: 28 January 1665
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Sir Robert Hamilton of Silvertonhill, is charged by Alexander Anderson, merchant in Edinburgh, as cedent, and Robert Baird, bailie there, assignee, to pay L.931 addebted by his bond. He suspends upon that clause of the 62d of King Charles II. his first session anent debtors and creditors; whereby it is provided, that the Lords of Session shall have liberty to grant suspensions to such men as should use the benefit of the said act, provided they were charged for sums within L.1000, and that the Lords saw just reason why they should do the same. But so it is, the suspender has taken the benefit of the said act; the sum he is charged for is within L.1000, and yet it is utterly impossible for him, by reason of his other debts and cautionries, presently to obey this charge without a little breathing time; which the Lords, he hopes, will allow as a sufficient, reason of suspension.
It being called, the Lords would not admit the same; but found the letters orderly proceeded, ay, and while the suspender should pay, &c.
Suspender, Mr. Jo. Harper.Alt. Mr. Thomas Baird.
Signet MS. No. 33, folio 47.
