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Magistrates being charged to apprehend a rebel with caption, and the charge being given on Sunday, it was found, That the charge was not null, but yet that the Magistrates were not bound to obey it, being given on such a day; but it being offered to be proved, that the rebel was in the Magistrates' company thereafter, at which time they ought to have apprehended him by virtue of the former charge, the allegeance was found relevant to be proved by their oaths.
Fol. Dic. v. 2. p. 405. Spottiswood. Auchinleck. Durie.
*** This case is No. 22. p. 11696. voce Prisoner.
*** See a similar case, 30th July, 1628, Racheld against Lauder, No. 36. p. 8132. voce Legal Diligence.
