Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Cunninghame
v.
The Sheriff of Stirling's Deputes

Date: 12 March 1629

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The Sheriff-depute being charged to take a rebel, who suspending, on obedience and diligence done by him in searching and seeking him, and that he could not be found, as instruments produced bore; and the charger replying, that, since the instrument, the said depute had been in company with the rebel divers times within the place of his jurisdiction, where he had at that time power to take the rebel;—this allegeance was sustained, being proven to infer sentence against the depute for not taking the rebel; for no further was sought by the process; for payment of the sum was not sought therein: and it was not found needful that the charges of the caption should have been left with the depute, or delivered to him for his warrant of taking the rebel at the times foresaid of his being with the rebel; neither was the want of these charges found any cause whereby the depute should be excused to take him, he having received a copy subscribed by the messenger the time of his first charge.

Vid. ult. and 4th July 1628, Rachelet, and the cases there cited; and 12th June 1630, Mr Rodger Mowat; 13th July 1630, Hay against E. Marshal.

Page 437.