Juratory caution is not admissible, in a removing for violent profits. See Act 29th, Parl. 1555.
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In a removing, the defender, who used an incident to prove his exception, admitted to his probation, being desired, conform to the act of Parliament, and practice observed, to find caution for the violent profits, and offering to give cautionem juratoriam, and to make faith, that he was not able to find another cautioner, and that he could get none who would be cautioner for him to that effect; this cautio juratoria was refused, and found ought not to be admitted in such actions and causes; but that either he ought to find sufficient caution, or else that decreet should be given against him to remove.
July 6. 1630.—In a removing, caution being offered by the defender, to whose probation an exception was admitted, as use is, for violent profits. The cautioner being at the horn, was refused, albeit he was a landed man, and was at the horn, as caution for another man's debt, and the horning of an old date.
Act. Craig.Alt. Belshes.Clerk, Gibson.
Fol. Dic. v. 1. p. 121. Durie, p. 518. & 525.
