Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Callendar v. Hamilton of Olivestob
Date: 19 January 1694
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Anstruther reported Callendar against Hamilton of Olivestob, who was bound, by a bond of presentation, to produce and enter the person of Charles Hamilton in prison within ten days, or as soon as he could recover his strength; and it was pretended that he lingered under that disease to his death. The Commissaries, before whom it was first tabled, took a conjunct probation as to his condition; and found it proven that he went abroad, and rode several miles, and crossed the Forth, and was at a rendezvous at Couper: and that it was more pregnant than the probation adduced of his indisposition. Therefore the Lords thought a man who could do these acts of health might have entered himself to prison, and borne the squalor carceris: and found the bond of presentation forfeited and incurred; and therefore ordained the cautioner to pay the debt.
