Subject_1 HUSBAND and WIFE. Subject_2 DIVISION IX.
The wife's personal privileges.
Bell v. Hog, &c
Case No. No 274.
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In an action of double poinding, pursued by John Bell of Bell's Mills, contra Janet Hog, relict of umquhile Walter Bell his father, on the one part, and the Ministers and Elders of St Cuthbert's kirk on the other part, anent the sum of 4000 merks, addebted to the said Janet Hog by the said John Bell, and whereof L. 400 was arrested by the session of the kirk, in the said John Bell's hands, for satisfaction of a penalty of L. 400 incurred by the said Janet Hog, stante matrimonio, betwixt her and her said uncle, his band, for, the slanderous conversing with ane David Houison against the tenor of an act, whereby she in person, in presence of the Session, acted herself, (her husband consenting), to abstain from the said Houison's company, under the said pain; the Lords, by interlocutor, sustained the act of the Session, and pecunial pain therein contained; and also it was found, that she should pay the said pain therein contained, of her own proper money, notwithstanding the act was made in her husband's time, the fault also committed ipso vivo; and found, that the said pain should noways be exacted of the said husband's executors, quia noxa caput sequitur.
Kerse, MS. fol. 63.
*** This and the preceding case have no date, but must have been prior to the one following.
