Town Council of Burgh, and Bailie Court. - Burgh of Barony.
Law v. Dick
Date: 22 February 1677 Case No. No 381.
For what kind of debts Magistrates may sum marily arrest, till caution be found.
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John Law having sold to Robert Dick a bargain of bear, which befel to John, as a part of his father's stipend, he having found Robert Dick in Edinburgh, arrested him till he found caution to answer as law will, for payment of the victual. Dick gave in a bill of suspension, on this reason, that by the act of Parliament anent the privilege of royal borrows, they are prohibited to arrest any person except for merchants accounts, stablers, cooks, or vintners accounts, furnished out of their shops, houses, or stables, for which there is no bond, nor subscribed account; and this bargain could not fall under this clause. It was answered, That victual is an ordinary merchandize, and if it had been bought out of any merchant's garner in Edinburgh, it would have fallen under the act, as well as any other merchandize, and there is no odds whether the merchandize fell to the merchant as executry, or if he bought the same, for whole shops fall to merchants as executry. It was replied, That the act extends only to furniture received within royal burghs, for which a summary execution was granted, when there is neither bond nor subscribed account, but the selling of victual, which is in the country, was done by the seller, as quilibet, and not as a merchant having the same in store, as if a burgess would sell the farms of his lands which were not yet received, but in his tenants hands.
The Lords suspended the bond of caution simpliciter, as not falling within the warrant of the late act of Parliament.
Stair, v. 2. p. 520.
*** This case is reported by Gosford, No 97. p. 1984, voce Burgh Royal.
