Scottish Court of Session Decisions

Subject_1 COMPETITION.
Subject_2 SECT. I.

Arresters with Poinders.

Forrester
v.
The Tacksman of the Excise of Edinburgh

Date: 4 December 1679
Case No. No 5.

Found as above.

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William Forrester gave in a bill, representing that he had poinded the goods of John Grier brewer in Edinburgh, viz. his household plenishing and malt in his barns, and had apprised the malt by a parcel produced at the cross, and that the Tacksman of the Town's excise had procured a warrant from the Magistrates of Edinburgh, to close the doors where the said poinded goods were, whereby he was hindered in the effect of his poinding. Upon this bill the Tacksman compeared, and alleged, That before the poinding they had not only arrested for the King's Excise, but that the keys were taken off the rooms by the Magistrates, and that Forrester had come in but upon pretence to see the malt, and carried out a handful thereof surreptitiously, and thereby made a pretence of poinding the whole; but as for the household stuff, they were carried to the cross, and the excise being a privileged debt, the poinding after diligence there-for could not be sustained.

The Lords found the arrestment did not hinder Forrester to poind thereafter, and therefore sustained the poinding of the malt, whereof a parcel at the cross was sufficient, but not of the household plenishing, seeing they were brought to the cross; and as to the privilege of the Excise, allowed a condescendence to be made by what statute or custom it was pretended, and the parties to be heard thereupon.

Fol. Dic. v. 1. p. 178. Stair, v. 2. p. 717.