Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BILL OF EXCHANGE.
Subject_3 Found that, by the Act 12th Geo. III. c. 72, summary diligence cannot proceed by horning against drawers and indorsers of bills within the three days of grace.

Alexander Elliot
v.
Henry Richmond and John Pollock

Date: 5 August 1775

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[Faculty Collection, VII. 132; Dictionary, 1602.]

Justice-Clerk. The whole difficulty lies in the words of the statute; for it is plain, from the whole circumstances of the case, that the suspenders did not consider the bill as subject to strict negotiation. But the words of the statute are indeed very strong, and there is no getting over them. The words duly negotiated apply to all the subjects in the statute. It was inaccurate in the writer to the signet to issue summary diligence.

On the 5th August 1775, “the Lords passed the bill without caution.”

Act. W. Baillie. Alt. A. Miller. Reporter, Covington.