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The Lords found it unwarrantable in a messenger to commit one to prison by virtue of a caption for debt, after intimation of a sist upon a bill of suspension obtainded by the pursuer, although he was in the messenger's hands, before the sist was intimated or procured.
Fol. Dic. v. 2. p. 414.
*** This case is No. 14. p. 1700. voce Bona et mala Fides.