Letters of horning
Encyclopedia
Letters of horning : a document (ie, letters) issued by civil authorities that publicly denounce a person as a rebel. The document was issued against persons who had not paid their debts.
Historically, the documents would be announced by three blasts of a horn, and the documents themselves came to be known as "letters of horning". A person who was denounced in these documents was described as having been "put to the horn".
The subsequent process, the warrant directing a messenger-at-arms
to charge the debtor to pay or perform in terms of the letters, was called letters of horning. This system of execution was simplified by the Personal Diligence Act of 1838
, and execution was thereafter usually by diligence
(see writ of execution
).
The granting of letters of horning, letters of horning and poinding
, letters of poinding
, and letters of caption all ceased to be competent following the Debtors (Scotland) Act 1987. The Register of Hornings is kept by Registers of Scotland
.
Historically, the documents would be announced by three blasts of a horn, and the documents themselves came to be known as "letters of horning". A person who was denounced in these documents was described as having been "put to the horn".
History
Originally in Scotland imprisonment for debt was enforceable only in certain cases, but a custom gradually grew up of taking the debtor's oath to pay. If the debtor broke his oath, he became liable to the discipline of the Church. The civil power, further, stepped in to aid the ecclesiastical, and denounced him as a rebel, imprisoning his person and confiscating his goods. The method declaring a person a rebel was by giving three blasts on a horn and publicly proclaiming the fact; hence the expression, put to the horn.The subsequent process, the warrant directing a messenger-at-arms
Messenger-at-arms
A messenger-at-arms is an officer of the Scottish Court of Session, responsible for serving documents and enforcing court orders throughout Scotland. Messengers-at-arms must have a commission as a sheriff officer although, unlike sheriff officers, the jurisdiction of a messenger-at-arms is not...
to charge the debtor to pay or perform in terms of the letters, was called letters of horning. This system of execution was simplified by the Personal Diligence Act of 1838
Debtors (Scotland) Act 1838
The Debtors Act 1838 , sometimes the Personal Diligence Act, was an Act of Parliament in the United Kingdom, signed into law on August 16, 1838. It amended the law of Scotland in matters relating to personal diligence - the ways in which the person or property of a debtor could be secured -...
, and execution was thereafter usually by diligence
Diligence (Scots law)
-Definition:Diligence : a process; execution.The term has several usages in legal proceedings involving creditors and debtors:...
(see writ of execution
Writ of execution
A writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor...
).
The granting of letters of horning, letters of horning and poinding
Poinding
-Definition:Poinding : that diligence whereby a debtor's property is carried directly to a creditor.There are two types:*Personal - The taking of movable property belonging to the debtor...
, letters of poinding
Poinding
-Definition:Poinding : that diligence whereby a debtor's property is carried directly to a creditor.There are two types:*Personal - The taking of movable property belonging to the debtor...
, and letters of caption all ceased to be competent following the Debtors (Scotland) Act 1987. The Register of Hornings is kept by Registers of Scotland
Registers of Scotland
Registers of Scotland is the Scottish Government agency responsible for compiling and maintaining records relating to property and other legal documents in Scotland....
.