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Scottish Court of Session Decisions >>
James Buchanan v Richard Hill. [1750] Mor 7512 (7 November 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor1807512-230.html Cite as:
[1750] Mor 7512
The Admiral, in causes mercantile, and not maritime, cannot exact caution judicio sisti et judicatum solvi.
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James Buchanan merchant in London, pursued Richard Hill merchant in Virginia, who happened to be at Glasgow, before the Admiral-depute there, for L. 1700 Sterling, without l belling that the debt arose from a maritime cause; but having, in the course of the process, obtained him to be examined on the ground thereof, whereby it appeared to have arisen from foreign commerce, applied by petition that he should be ordained to find caution judicio sisti et judicatum solvi; which was granted, and the defender, upon failure, imprisoned. He thereupon presented a bill of suspension and liberation; for that the act 16th Parliament 3. Cha II. which regulates the Admiral's Jurisdiction, declares only that this caution shall be exacted in causes maritime, to which he is sole judge; and with the decision of which all other judges are forbidden to meddle in the first instance.
The Lords were of opinion, that the Judge-Admiral, in causes mercantile, and not maritime, exclusive of any other jurisdiction, could not grant warrant for imprisonment until caution were found judicio sisti et judicatum solvi; and therefore past the bill.
Reporter, Shewalton.Act. Philp.Alt. Lockhart.
D. Falconer, v. 2. No 159. p. 183.
*** The like was decided, British Linen Company against Clarkson, No 14. p. 2054, voce Cautio judicio sisti et judicatum solvi.—See No 232. infra.
