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Scottish Court of Session Decisions >>
William Ogilvy v Alexander Alison. [1699] 4 Brn 452 (26 July 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn040452-0887.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
William Ogilvy v. Alexander Alison
Date: 26 July 1699
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Major William Burnet gives in a complaint to the Lords, that Alexander Alison, writer, had borrowed up his bond after it was regístrate, and a suspension depending thereof, and sent it up to London; whereupon Straiton, the creditor, had attached him, and put him in the King's Bench, whereby he was damnified in more than £200 sterling. They alleged, for excuse, that the debt was yet resting, and he had given two suspensions upon juratory caution; and, finding him at London, the creditor thought he might call for his principal bond, (extracts not being probative there,) and arrest him on it.
The Lords considered the 38th Act 1685, where bonds cannot be retired out of the Register after six months, and must be booked within a year; and found this an unwarrantable practice, by which the records became insecure, and therefore sent the said Alexander Alison and James Carnegy, Keeper of the Register of bonds, to prison, and fined each of them in 100 merks Scots; but reserved the consideration of Major Burnet's damages, and who should be liable to him, to the conclusion of the cause.
