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Scottish Court of Session Decisions >>
Taylor and Thomson v William Baird. [1692] 4 Brn 9 (25 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040009-0018.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Taylor and Thomson v. William Baird
Date: 25 November 1692
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William Baird, flesher in Kilmarnock, being pursued by Taylor and Thomson, for improving a discharge as false, and a term being taken for his abiding at the truth of it, he failed to compear; whereupon there is a decreet of certification extracted, and on a bill a warrant was granted to incarcerate him as the forger. When in prison, he gives in a petition, alleging the certification was stolen out against him, and he was always, and yet is ready to abide at it, and desired thereon to be liberated.
The Lords thought he could not be reponed, as to the private interest of the parties, so that he behoved to pay the debt contained in the discharge; but as to the criminal part, and punishment, seeing it was but a presumptive falsehood, and the witnesses were not yet examined, the Lords ordained it to be intimated to the parties and solicitor, to insist against him, with certification if they did not within eight or ten days, they would liberate him upon caution, to answer when called; he always before his liberation abiding at the verity of the said discharge. The President would have had him lying in prison during the whole trial.
