A Magistrate being charged to take a rebel, and disobeying; in an action against himself for the sum, found unnecessary to cite the rebel.
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Andrew Sclaiter having charged Richard Ross, Bailie of Burntisland, by letters of caption, to take John Murray, who was denounced rebel at the said Andrew his instance, for not payment of certain sums; upon the Bailie's disobedience, the Bailie is pursued for payment of the sum; where the Lords found that there was no necessity to summon the party principal debtor to this pursuit, for his interest, nor that there was any necessity of a second charge against the Bailie, before that pursuit could be intented, seeing the rebel was instantly at the time of the first charge presented and shown to the Bailie. But the Lords sustained the pursuit, notwithstanding of both these allegeances.
Act. M'Gill.Alt. Lawtie.Clerk, Gibson.
Fol. Dic. v. 1. p. 134. Durie, p. 3.
