Scottish Court of Session Decisions

John Masson, farmer, presented a bill of suspension and liberation on consignation against diligence which had been raised by Peter Cromar, in Bogloch, on a bill of exchange. The Lord Ordinary, on considering answers, “passed the bill on the consignation offered, and granted warrant to the Magistrates of Aberdeen to liberate the complainer as craved.” The interlocutor was pronounced on 19th December, the day before the Court rose for the Christmas recess. Masson immediately expede the letters of suspension and liberation, and was set at liberty. Cromar, at the box-day in the recess, presented a reclaiming note, to the competency of which it was objected, that there was no longer a bill of suspension before the Court, the prayer of the bill having been granted, and the letters expede. The charger might apply to have the letters recalled, if any irregularity could be alleged, or he might raise a reduction; but it was no longer competent to review the implemented judgment of the Lord Ordinary passing the bill. If the charger wished to stay the delivery of the passed bill, until review of the Lord Ordinary's judgment, he should have applied to the Lord Ordinary to prohibit the delivery of it, under sec. 14 of the Act of Sederunt.

Cromar answered, that, in this way every interlocutor of the Lord Ordinary, in a bill of suspension and liberation, might be prevented from review, as the practice was to deliver such bill immediately after the interlocutor passing it was pronounced; and, being delivered, the letters were straightway expede.