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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maclachlan [1837] CS 16_79a (16 November 1837) URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0079a.html Cite as: [1837] CS 16_79a |
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Page: 79↓
Subject_Jurisdiction—Maritime.—
Application to the Court, as coming in place of the High Court of Admiralty, for warrant to arrest certain goods which had been shipped to Leith from a Scottish port, held competent, and warrant granted accordingly; but Observed, that the application might have been made to the Lord Ordinary in the Bills.
Maclachlan and Macdonald presented a petition, setting forth that Ferguson, merchant in Invergordon, after granting a trust-conveyance of his whole property in their favour for behoof of his creditors, had shipped off, to a fictitious address in Leith, three or more heavy packages, containing part of such property, and had thereafter absconded—and praying the Court, as coming in place of, and having the powers and privileges of, the High Court of Admiralty, to grant warrant to officers of Court and messengers-at-arms to arrest the said packages in the hands of the wharfinger, or other party, in whose custody or possession they might be, and to grant warrant for serving the petition upon Ferguson and the person, if such there were, to whom the packages were addressed, and thereafter for delivery of the packages to the petitioners.
The Court were of opinion that the application might have been made to the Lord Ordinary on the Bills, but at the same time held the petition competent, and granted warrant to arrest and order for service accordingly.
Solicitors: T. Shiels, S. S. C.—Agent.