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This petition was presented on the last day of the Summer Session for service and intimation; but, in consequence of the alleged urgency of the case, the petitioner prayed for a remit to the Lord Ordinary, with power to make the appointment during the vacation. The Court, however, moved by the unusual nature of the application, refused to delegate their powers in the matter.
When the petition came to be advised, it appeared there was no opposition from any quarter. But the Court held that they could not give any authority whatever for carrying on Mr Philp's extensive trade; that, to sanction the application to this effect, would introduce a most dangerous precedent; and that, if the curator bonis continued the works, even for the purpose of winding up the concern, he must do so at his own risk.
For the Petitioner, Dean of Fac. (Moncreiff) Rutherford. Thomas Richardson, W. S. Agent. M. Clerk.
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