BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just Ā£5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1611] Mor 4827 (22 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor1204827-040.html
Cite as: [1611] Mor 4827

[New search] [Printable PDF version] [Help]


[1611] Mor 4827      

Subject_1 FORUM COMPETENS.
Subject_2 DIVISION V.

Arrestment Jurisdictionis Fundandę Gratia.
Subject_3 SECT. II.

Border Law.

A
v.
B

Date: 22 January 1611
Case No. No 40.

A stranger, who is addebted to a Scotsman, coming to this country, may be charged by an officer, at command of a Bailie, to enter in ward till he find caution to answer as law will.


Click here to view a pdf copy of this documet : PDF Copy

A burgess of Edinburgh may take an assignation to a debt owing to another burgess, and thereupon arrest his debtor, and cause ward him till he find caution to answer as law will. If the goaler suffer a man to escape who was warded for debt, he will become debtor to the party at whose instance he was warded but the debt must first be tried against the principal party, unless his warding proceed upon a decreet; and if he who escapes die before payment or re-entry, the goaler will be debtor. A stranger, who is addebted to a Scotsman, coming to this country, may be charged by an officer, at command of a Bailie, to enter in ward till he find caution to answer as law will.

Fol. Dic. v. 1. p. 328. Haddington, MS. No 2107.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor1204827-040.html