Juratory caution not being admissible for violent profits, the Court will accept of such caution as the party can procure
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In a removing, an exception admitted to probation, and an incident used for proving thereof, caution being desired for the violent profits, as use is, the defender being a poor miserable woman who was not able to find caution, and offering cautionem juratoriam; the Lords, in respect of the act of Parliament, refused to accept of cautionem juratoriam, and ordained her to find caution; but declared they would admit such caution as the poor woman could find.
Act. Tailzor.Alt. Gray.Clerk, Hay.
Fol. Dic. v. 1. p. 121. Durie, p. 530.
