THOMAS PATON, Pentland's Trustee, Petitioner (Court of Session)

The submission did prove ineffectual, having expired in consequence of not having been prorogated, and Mr Eraser, of this date, (Dec. 28. 1832,) brought an action against the petitioners, concluding for upwards of L.17,000, as the alleged balance due to him on his cash advances and business accounts, during the four years of his intromissions with the trust-funds.

Your Lordships having unanimously adhered to the interlocutor of the Lord Ordinary, the petitioner hoped that no farther obstacle would occur to the execution of the diligence; but in the interval Mr Fraser has found it necessary to take the protection of the Sanctuary, where he now is.

‘On the part of the defender, it was answered, that the statement that Mr Fraser is prevented from having access to his papers on account of diligence, of which Mr Paton is bound to relieve him, is incorrect in point of fact.’

The petitioner therefore humbly trusts that your Lordships will grant to the haver in this case such protection as is necessary to enable him to attend the diets of examination, in the places where the writs are, or to go to these places, in order to produce them to the commissioner under the diligence.

May it therefore please your Lordships, on consideration of the premises, to grant to the said James John Fraser, the haver so cited, a protection against personal diligence for civil debts for such times only as at any diet of examination, under the commission and diligence, may be necessary for him to go to his own house, or place of business, or where the writs called for may be, in order to produce the said writs, and thereafter to return to the Sanctuary, but for no other or longer space; or otherwise to do in the premises as to your Lordships shall seem just. According to justice, &c.”