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Scottish Court of Session Decisions >>
Ormiston, the King's donatar, v The Burgh of Edinburgh. [1542] Mor 3632 (28 May 1542)
URL: http://www.bailii.org/scot/cases/ScotCS/1542/Mor0903632-021.html Cite as:
[1542] Mor 3632
Ormiston, the King's donatar, v. The Burgh of Edinburgh
Date: 28 May 1542 Case No. No 21.
If a man is convicted for slaughter within burgh, his escheat belongs to the burgh; but if he is fugitate for not compearance, his escheat belongs to the King.
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Gif ony man committis slauchter within Edinburgh, and beis apprehendit and convict thairfoir, the escheit of his moveabill gudis aucht and sould pertene to the Burgh and communitie of Edinburgh, ratione criminis commissi, infra burgum. But gif ony persoun committis slauchter within the samin Burgh, and is fugitive, and denuncit rebell, for non-compeirance to underly the law thairfoir, in that cais his escheit aucht and sould pertene to the King, becaus in this cais his escheit falls not be reasoun of crime committit within the Burgh, but be reasoun of his non-compeirance.
Fol. Dic. v. 1. p. 254. Balfour, (Burrow.) No 43. p. 52.
*** This case is reported by Sinclair, No 18. p. 2265.
