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Dundas of Manner v Hardy. [1700] Mor 6860 (18 July 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Mor1706860-016.html Cite as:
[1700] Mor 6860
Days, how computed. - Induciæ in a charge of horning. - Baron decrees. - Citations pro confesso. - Criminal sentences. - Induciæ before inferior courts. - Reductions and improbations. - Privileged summons. - Decree-arbitral. - Citation of tutors and curators.
Dundas of Manner v. Hardy
Date: 18 July 1700 Case No. No 16.
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Manner having fined Mr Willam Kintore for sundry absences from the head courts of the shire of Linlithgow; and having summarily poinded the tenants for the amerciament; and alleging that suit and presence being in the reddendo of the charter, it was of the same nature with the feu-duty, and might have summar execution; else, what if the heritor dwell in another shire, the King's head courts may become desolate; yet the Lords did think this procedure to poind the tenants precipitant, without a previous decreet of poinding; and without deciding whether these laws were debitum fundi or not, they found the poinding illegal, and the bond granted to stop it null; and reponed the master and tenants to their defences. See Vis et metus.
Fol. Dic. v. 1. p. 466. Fountainhall, v. 2. p. 105.
