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Scottish Court of Session Decisions >>
Lord Lauderdale and the King's Advocate, v James Tennent and William Brown. [1671] 2 Brn 551 (1 July 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020551-0930.html
Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Lauderdale and the King's Advocate, v. James Tennent and William Brown
Date: 1 July 1671
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There is an improbation intented at the instance of my Lord Lauderdale as secretary and the King's advocate, against James Tennent and one William Brown, for improving the signet of a horning as false, counterfeit, and feigned, it not having been presented on the day it bears to have been signeted; neither is there any minute of it in their register; nor is it John Robisone's hand writing. William Brown is made assignee to the charge, and he compears and abides at it in thir terms, not that he will assert the truth of its signeting, but only as to him, et modum quo ad eum pervenit, viz. that it was delivered to him so signeted; that it was written in Mr. Archibald Nisbet's chamber; that it was taken out there un-signeted by John Lockhart of Bar, (who seems to have been the counterfeiter of it,) and then delivered by him signeted, to one Crawfurd a messenger, who delivered it to this Brown assignee, This deposition was subscribed by him and my Lord Gosfuird.
Advocates' MS. No. 195, folio 101.
This following decision was so found, contrary, to the express words of the act of Parliament; because, forsooth my Lord Advocate asserted the meaning of the Parliament to have been so at the time it was made.
