The Decisions of the Lords of Council & Session, in the Most Important Cases Debate Before Them with the Acts of Sederunt Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1687 Excerpt: ... solvent, could not be allowed to intromet with the Kings Dues comptable by the Sheriffin Exchequer 40; Both by the nature of his Office, and by his Gift from the Earl, he is answerable for his Substitute, lta eji, his Substitute was malverfant in not attending the ordinary Diets of Court, and Sir James or his Deput were malverfant in causing condemn and execute two persons for Theft unwarrantably and though the Court%Book produced bears, that they were condemned upon their Confessions judicially, yet it was offered to be proven, that they were impannelled before prior Inquests, and were Aslbilzied, and yet against Law a new Inquest Was called, and condemned them, though the Verdict of the first Inquest was not annulled. The Pursuer answered, That as to the AEwfrand Taxations, the not relieving the Sheriff thereof was no Crime deserving Deprivation. 2. He produced Recepts bearing, that he had payed both during she time he or his Deputs were suffered to serve j and as to his Substitutes non-attendance, or the unwarrantable condemnation of the two Thieves, he oppons the Court-Book produced, wherein the Sentence of both the Thieves are set down, and their judicial Confession, and there is nothing irl the Books to show any former Tryal5 likeas the Book bears, that his Substitutes had sitten three or four days before the Act admitting another in a tract of Courts btfore; and albeit a Sheriff might brevi matin exclude his own De. put for not attendance when he had long neglected Courts, yet there was no pretence to exclude a Deput constitute ad vitam by the King before the Earls R ight, and by the Earl himself; for though the Earl might have named a Deput protempore, if the Pursuer or his Substitutes had not attended, or after their long absence had hindred th..