Horning

In Scotch law. A process issuing on a decree of court of sessions, or of an inferior court, by which the debtor is charged to perform, in terms of his obligation, or on failure made liable to caption, that is, imprisonment. Bell, Diet. "Horning, Letters of"; "Diligence." The name comes from the ancient custom of proclaiming letters of horning not obeyed, and declaring the recusant a rebel, with three blasts of a horn, called "putting him to the horn." 1 Ross, Lect. 258, 308. HORS (Law Fr.) Out; out of; without. Hors son sen, out of his mind. Britt. c. 85. HORS DE SON FEE (Fr. out of his fee).

In old English law. A plea to an action brought by one who claimed to be lord for in question was out of the fee of the demandant. 9 Coke, 30; 2 Mod. 104. HORS PRIS (Law Fr.) Except.

In Scots law. A warrant in the king's name to charge persons to pay, or perform deeds within a certain time, on pain of being declared outlaw, and having their goods poinded in case of disobedience.

In Seotch law. “Letters of horning” is the name given to a judicial process issuing on the decree of a court, by which the debtor is summoned to perform his obligation in terms of the decree, the consequence of his failure to do so being liability to arrest and imprisoninent. It was anciently the custom to proclaim a debtor who bad failed to obey such process a rebel or outlaw, which was done by three blasts of the horn by the king’s sergeant in a public place. This was called “putting to the horn,” whence the name.