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Scottish Court of Session Decisions >>
College of St Andrew's, Supplicant. [1661] Mor 791 (16 July 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor0200791-128.html Cite as:
[1661] Mor 791
The rents due to an incorporation being arrested; caution by the members themselves personlly, was received for loosing arrestment.
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The College of St Andrew's supplicate, That in respect their haill rents were arrested, at the instance of Doctor Gleig, and thereby they were not able to entertain their table and bursers; craved the arrestment to be loosed, without caution, in respect they were an incorporation, for whom no body would be caution.
The Lords, after debating the case amongst themselves, whether arrestment could be loosed without caution, or upon juratory caution, thought it could not; but in this case, they allowed the same to be loosed, the Masters of the Colleges giving a bond, to bind themselves and their heirs personally, for what should be uplifted by any of them, whereby every person stood caution for his own intromission for the University, they not being otherways bound personaliter ut only secundum officium.
