BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
George Seaton of Barns v The Lady Bearford, his Sister. [1682] 3 Brn 430 (14 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030430-0631.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
George Seaton of Barns v. The Lady Bearford, his Sister
Date: 14 March 1682
Click here to view a pdf copy of this documet : PDF Copy
In George Seaton of Barns his petition against the Lady Bearford, his sister, the Lords, after a debate in prcesentia,refused to give an act declaring the validity of their own extracts under the clerk-register's hand; in regard it was not craved by any warrant from the Irish judges, where the affair was depending, but only by a private party. Yet the noble senatusconsultum,or Act of Sederunt, in Latin, made on the 31st day of July 1596, (which is not recorded till the 17th of November 1599,) is very positive that such extracts are as probative as the principal writs, except in case of falsehood and improbation.
Yet Barns' Irish counsel-at-law Alleged,—That Act was only a desire of the Lords of the Session to foreign judicatures, to esteem our extracts as probative; but they saw no answer from other courts granting the same. But they mistake it; for, 1mo, It is declaratory what is the import and strength of these extracts in our law and custom; and, 2do, It is petitory, that they may pay them the same deference and respect; else they will not repute what shall come from the clerks of these sovereign courts as authentic. Which was all the certification the Lords could give against coordinate independent courts.
