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Scottish Court of Session Decisions >>
John Bayn, Petitioner. [1687] 3 Brn 647 (9 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030647-0992.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 9 November 1687
John Bayn, Petitioner
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James, late Earl of Home, having deprived John Bayn, Sheriff-clerk of the Merse, from his office, in September last, a little before his death, on this ground, that he had registrate a bond in his sheriff-court books, though the debtor lived not in his shire, but in England; and, by the Act of Parliament 1685, to registrate writs incompetently is deprivation, and a fine of 500 merks; though he alledged for himself that the bond designed the debtor, now in Coldstream; but that was found to be interlined, and a mockery, for he was not dwelling there, but only drinking in the town at that time, which made it not forum competens to him:
John gives in a bill to the Lords, representing how summarily and unjustly he was thrust out from his office; and craving to be repossessed.
Some of the Lords were for sequestrating the profits of the place during the dependence, and till the discussing the suspension and reduction of the decreet. But it was carried to repone him, he finding caution to refund these emoluments if he succumbed. Then they offered to give in additional articles of malversation against him: and he, to secure himself, was getting a new gift of his office from Secretary Melfort. Yet see Sande, Decis. Fris. lib. ult. tit. ult.
