[1611] Mor 4827
Subject_1 FORUM COMPETENS.
Subject_2 DIVISION V. Arrestment Jurisdictionis Fundandę Gratia.
Subject_3 SECT. II. Border Law.
Date: A
v.
B
22 January 1611
Case No.No 40.
A stranger, who is addebted to a Scotsman, coming to this country, may be charged by an officer, at command of a Bailie, to enter in ward till he find caution to answer as law will.
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A burgess of Edinburgh may take an assignation to a debt owing to another burgess, and thereupon arrest his debtor, and cause ward him till he find caution to answer as law will. If the goaler suffer a man to escape who was warded for debt, he will become debtor to the party at whose instance he was warded but the debt must first be tried against the principal party, unless his warding proceed upon a decreet; and if he who escapes die before payment or re-entry, the goaler will be debtor. A stranger, who is addebted to a Scotsman, coming to this country, may be charged by an officer, at command of a Bailie, to enter in ward till he find caution to answer as law will.
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