Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FORM OF PROCESS.

John Mackenzie of Brae, &C
v.
Colonel Scott and Others

1764. July.

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In the election causes of the Burgh of Dingwall, the election having been brought under challenge; the Lords found, “That the election of Magistrates and Councillors for the Burgh of Dingwall, made at Martinmas 1758, by the persons complained upon, was brought about by the means of bribery and corruption; and therefore round the said election void and null, and reduced the same, with all that might follow thereon; but refused to declare the persons voted for by the complainers to be legally elected, and found Colonel John Scot, &c. conjunctly and severally liable in full costs of suit, with the expenses of extracting the decreet:” And, by an after interlocutor, the Court modified the expenses to about L.410. These expenses being insisted for, Colonel Scot, &c. insisted, that, besides a valid discharge, they were entitled, upon payment, to have an extract of the decreet delivered up to them. And having presented a bill of suspension, the Lords found it sufficient that they got an excerpt or abstract of the decreet, so far as related to the expenses; but that the chargers were not bound to deliver up the full decreet, which they were entitled to retain as their own document, to be used in case of appeal, or otherways, as they should think proper. The Lords were of the same opinion in a similar dispute between The Earl Morton and the Feuars of Orkney, and betwixt the Lord Fortrose and Mr John Mackenzie.