Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. XVII.

Form of Extracted Decrees.

Burgesses of Rutherglen
v.
The Magistrates

Date: 5 July 1747
Case No. No 332.

Click here to view a pdf copy of this documet : PDF Copy

A Complaint against the Magistrates of Rutherglen, for an undue election, being given in to Court, and appointed to be served, it was objected, That the Court's warrant for serving the petition and complaint had not been regularly executed; for, in place of extracting the interlocutor, the complainers had borrowed it up from the clerk, and delivered it to a messenger to be executed. Observed from the Bench, That the practice had not been unfrequent, authorised probably from the ancient custom, which was, that macers used to cite all parties living within two miles of Edinburgh, carrying with them the record itself as their warrant. The Lords over-ruled the objection.

Fol. Dic. v. 4. p. 151. Rem. Dec.

This case is No 14. p. 3689. voce Execution.

*** A similar decision was pronounced 28th July 1761, Stewart against Dalrymple, No 18. p. 8579. voce Member of Parliament.