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In a contravention, John Semple against Cunningham, the Lords sustained the pursuit, only founded upon a charge given by the pursuer to the defender, to find caution of lawburrows, albeit no horning followed thereupon; but it was sustained, because the pursuer replied, that before the deed libelled, whereupon contravention was craved, the defender had found caution, conform to the charge, and he pursued not the cautioner, but the principal party, who was charged; which reply was sustained with the summons, albeit the libel was not founded upon the said act, but only upon the charge.
Act. Nicolson.Alt. Cunningham.Clerk, Gibson.
Durie, p. 385.
