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Patrick Maxwell, one of the King's guard, pursuing Mrs Todrige, keeper of the King's Park of Holyroodhouse, for the price of a horse he gave in to be grazed there, and which was stolen or lost: Alleged, She cannot be liable, nisi pro dolo et culpa; and by a placard, or printed program, she had intimated the conditions on which she took them in, viz. that the inputter took his hazard of all chances, as breaking their neck, taking out one horse for another by mistake, by false tokens, or the like; and that this was sustained already in a pursuit against her by Mr Alexander Birnie, Advocate, supra, and the Bailie of the Abbey Court having decerned against her, and she having suspended, the Lords, on Forret's report, reduced the said decreet, and assoilzied her, unless they would prove she was accessory.
Fol. Dic. v. 2. p. 56. Fountainhall, v. 1. p. 272.
