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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John White, late Bailie of Kirkcaldie, v James Henderson and other Tenants in Birkhill. [1710] 5 Brn 63 (4 July 1710)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.
Date: John White, late Bailie of Kirkcaldie,
v.
James Henderson and other Tenants in Birkhill
4 July 1710 Click here to view a pdf copy of this documet : PDF Copy
James Henderson, Alexander Donaldson, William Paterson, and John Morris, tenants in Birkhill, taken with caption for a civil debt, at the instance of Bailie White; having, to obtain their liberty, obliged themselves conjunctly and severally, by a bond of presentation, to pay the debt in the caption to the Bailie, against the 20th of June, 1709, or else to present themselves prisoners to the messenger that day, betwixt eleven and twelve hours, within the dwelling-house
of Thomas Lawson in Bamblea, without past bill or suspension, under the pain of 1000 merks by and attour performance:—The Lords found that James Henderson's compearing and offering himself prisoner for himself, and in name of the other co-obligants, who had no lawful excuse for not appearing, was not sufficient to free them from the penalty in the bond of presentation; albeit payment by one of severals bound jointly and severally, would liberate the rest: and Henderson behoved either to pay the penalty, or go to prison. Page 416.
The electronic version of the text was provided by the Scottish Council of Law Reporting