Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1685.
Sir Andrew Ramsay of Abbottshall v. Charles White
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October 15.—At Privy Council, Sir Andrew Ramsay of Abbotshall gives in a petition, showing that one Charles White had bought £200 sterling worth of bear from him, and then fled to London, where he was pursuing him; and being now here, he craved an order to arrest him, till he should find sufficient caution to answer and pay what should be decerned against him.
The Lords seeing, by Crawfurd the counsellor's letters, that there was a process against him there, they granted warrant; and accordingly he was imprisoned. See more of this infra, 28th November current.
Vol. I. Page 370.
November 28.—Abbotshall having imprisoned Charles White, as mentioned supra, 15th October last, by warrant of Privy Council, he steals out a decreet of cessio bonorum, and thereon charged the Magistrates of Edinburgh to set him at liberty. Abbotshall, being informed, suspends on thir reasons:—Imo, That he was imprisoned by the Secret Council's warrant, and so he should apply to them. 2do, The executions of his summons were false.
Then Charles gave in a bill, craving he may either be alimented, or set at liberty; or the suspension summarily discussed. Abbotshall Answered,—He was content to liberate him, if he would find (if not cautio judicatum solvi,) at least judicio sisti, to abide all the diets of process, and not to fly as he has always hitherto done, both here and at London.
The Lords refused his petition; and, on this occasion, made an Act of Sederunt, which is printed, anent processes of cessio bonorum.
