Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 SUMMARY APPLICATION.

Peter Hay of Leyes
v.
William Taylor

Date: 27 February 1777

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William Taylor, writer in Edinburgh, had been doer for Peter Hay of Leyes; as such he fell debtor to him in a balance of money, and came to be possest of his most valuable writs. He was pursued by Mr Hay's son, his father having died, for payment of the one and restitution of the other; and decreet having been obtained, and diligence done, he was incarcerated in the prison of Inner-keithing. Taylor delivered part of these writs to Mr Hardie, his doer, to be restored to Mr Hay; but still, there being delays, Mr Hay gave in a summary complaint, praying that Mr Hardie might be ordered to deliver up such of his writs as he was possessed of upon inventary and receipt; that Taylor might depone whether he had any other, and, if he had, might be ordered to deliver them up; and, in short, that the Lords would grant him such relief, in the premises, as they should think proper.

Hardie appeared, and offered to deliver up all the writings in his hands; which the Lords ordered. But, as to Taylor, they ordered the complaint to be served : they ordered him to answer within 48 hours after service : and, in order that he might be at hand to be examined, they granted warrant for transmitting him from the prison of Innerkeithing to the prison of Edinburgh, there to remain till further order of Court.

In a case such as this, where the ordinary compulsitors of the law seemed ineffectual, and where a person, an agent in the Court, obstinately persisted in keeping possession of his client's papers, notwithstanding of a decreet in foro, decerning him to deliver them up, the Lords seemed determined to apply some extraordinary remedy to enforce obedience to their authority, and to redress the party.