Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
A poor Englishwoman, Francisca Heath, v. my Lord Lundors
Date: 1 July 1670
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This was a pursuit for her entertaining him by the space of fourteen or fifteen weeks at London, conform to his subscribed account.
Alleged,—The account is null, because it wants writer's name and witnesses.
Answered,—Refers the verity of the subscription to his oath.
Replied,—She cannot be heard, except she likewise refer, that the sum is yet resting owing, to his oath. The Lords repelled the reply.
2do, Alleged,—That he being incarcerated in the King's Bench at London, for this same very debt, he was set at liberty; in which cases, it is offered to be proven that the keeper of the Bench becomes solely and privative debtor for the same; so that the debtor can no more be pursued. This allegeance was found relevant; they proving the custom. Which, if it were cumulative, would seem just; but as it is conceived, seems very unreasonable.
Act. Mr. William Baillie.Alt. Cheap.
Advocates' MS. No. 50. folio 78.
