Scottish Court of Session Decisions

Subject_1 POINDING.

Lady Stanehill
v.
Captain Burd

Date: 30 June 1675
Case No. No 22.

By act 4th Parl. 1669, poinding for civil debts, cannot proceed without a previous charge.

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Captain Burd having obtained decreet of removing against the Lady Stanehill, from a house in Edinburgh, before the Sheriff; the sheriff-officer was thereupon proceeding to ejection; the Lady gave in a bill, desiring suspension, and a present warrant to stop the ejection; because there was no charge given, or expired upon the decreet, which ought to have been done, by the act of Parliament the 16th day of November 1669, which, though it mentions only poinding not to be, without the expiring of a previous charge, yet, ex paritate rationis, the same should be observed in other executions, the reason, though not expressed, being, that parties may have that respite, either to satisfy or suspend.

The Lords found the act to extend only to poindings.

Fol. Dic. v. 2. p. 92. Stair, v. 2. p. 338.