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Scottish Court of Session Decisions >>
Watson of Dunikier v The Earl of Lithgow. [1700] Mor 8548 (3 January 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Mor2008548-004.html Cite as:
[1700] Mor 8548
A meditatione fugæ warrant granted against a witness, and a protection granted to him against his creditors.
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Watson of Dunikier pursuing the Earl of Lithgow, for payment of a debt of L. 10,000 Scots contained in his predecessor's bond; the defence was, payment by Carnock, the principal debtor; and being retired by him, was found amongst his papers, and given back to the creditor's heir for a little money; and William Paton of Panholes, writer, being one of the parties concerned in this mystery, and cited by a first diligence not yet expired, a summary warrant was craved to apprehend him, because he was not only dealt with to abscond, but to retire out of the kingdom; and so their mean of probation might be eternally lost; and if the bill were given out to see and answer, that intimation would make him instantly flee. The Lords considered the demand was extraordinary, to begin at a caption when the first diligence was not yet run; but in extraordinary cases, they had applied extraordinary remedies; and lately, in the case of a Frenchman running out of the country, they had imprisoned him till he should find caution to his creditors. And long ago, in 1672, Mason was summarily apprehended at the instance of Street and Jackson, Englishmen, his creditors, being in meditatione fugæ, No. 32. p. 4911. The Lords, in respect of the singularity of this case, granted a summary warrant to apprehend him. The next question was, if he should have a protection for a few days, seeing he was under the hazard of many captions, at the instance of sundry creditors; which also carried by plurality, the Earl of Lithgow's curators giving their oath, in the terms of the act of Parliament, that he was a material necessary witness; which the Earl of Home, as his tutor, gave, and thereon the protection was granted, and signed by those who voted for it.
Fol. Dic. v. 1. p. 571. Fountainhall, v. 2. p. 77.
