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Scottish Court of Session Decisions >>
Magistrates of Kirkcudbright v M'Jor. [1680] 3 Brn 360 (00 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030360-0472.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Magistrates of Kirkcudbright v. M'Jor
1679 and 1680.
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1679. December 19.—In a suspension of a charge upon a decreet of the Bailies of Aberdeen, the Lords found the decreet bearing the probation to be the party's judicial confession before them, was not enough, being only the assertion of a notary. (Yet he is a town-clerk;) see June 1661, Osborn. And the Lords found the debt behoved to be otherwise proven than by a confession only mentioned in the decreet. Yet, in a case betwixt the Magistrates of Kirkcudbright and one M'Jor, (Vide 27 th Jan. 1082, Carnegie against Cuthbert,) the Lords admitted this to probation, in fortification of the decreet mentioning his confession, that there was a written confession lying as the warrant of the decreet, but cum onere maximarum expensarum if there was none, in respect M'Jor was lying in prison for 200 merks, wherein they had fined him for oppressing. But thereafter, on report, the Lords altered this, and turned the decreet into a libel, and reponed him to his oath.
Vol. I. Page 71.
1680. June 22. The Lords of Session renewed the commission to the Town of Kirkcudbright against John Macjor, (19 th Dec. 1679,) for proving their libel; which they did upon this reason, that it appeared the commissioner chosen by the said John did not attend the former diet assigned for executing thereof.
