: 
Earty SHERIFF Court Book or DUMFRIES. 91 
patrick offered to produce his warrand at the next court, and 
found Thom Maxwell as security that he would then and there 
enter the horse and his warrand. At the next court held on 
30th July, 1538, Kirkpatrick enters Robin Kirkhat as his war- 
rand to the court as the third court, and finds Maxwell as 
security that he will enter the horse or else the warrand at 
the next court as the fourth court and ‘‘ court perempter.’’ 
The explanation of these elaborate proceedings is this : When 
a man claimed a certain article in another’s possession on the 
ground that it was his own property, the possessor might 
either allege that the article was his and that he could produce 
a warrand to speak to the fact, or he might admit that it was 
not his but that he had it on loan or for safe-keeping or on 
hire or in security or on some such title. If he averred that 
the thing claimed really belonged to a third party, the latter 
was summoned to appear, and the possessor was required to 
find security that he would enter in court the thing claimed. If 
the third party obeyed the summons and stated that the article 
was his, the possessor was free of the claim, and the true 
owner took his place as defender, and was bound to make 
good to the possessor any loss which he had sustained. 
Where the subject of the claim was land, if the warrand did 
not appear and the possessor lost his action, he could sue the 
warrand for a portion of land equivalent to that from which 
he had been evicted.22 The warrand might call his warrand, 
and the latter might call his warrand, who enjoyed a similar 
right ;39 and while the warrands were being discussed the prin- 
cipal action slept.44 Each warrand could excuse himself 
thrice. 2 
23 Regiam Maj., i., 15; Vol. Acts, i., 602 f.; Quon. Attach., c., 
6; Fol. Acts, i., 648. 
29 Regiam Maj., i., 20; Fol. Acts, i., 604. 
50 Regiam Maj., i., 22; iii., 11; Fol. Acts, i., 604, 625. See 
Quon. Attach., c., 6; Fol. Acts, i., 648; Balfour, op. cit., pp. 317, 
324, 326. 
31 Balfour, op. cit., p. 326. 
32 Regiam Maj., i., 20; iv., 387; Fol. Acts, i., 604, 638. 
