Scottish Court of Session Decisions

Subject_1 LAWBURROWS.

Cock
v.
Hamilton, &c

Date: 16 November 1734
Case No. No. 1.

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In a case betwixt Arthur Cock and George Hamilton, which last raised lawburrows against the former, not only in Hamilton's wife's name, but of a great many others, without their knowledge, intending to execute the letters at the instance of one after another, and had got them executed, first at his wife's instance, then at another woman's instance, which the messenger did without taking their oath;—the Lords found Hamilton, one Lesly, a writer or merchant, and the messenger, all guilty of these oppressive acts;—— found them liable conjunctly and severally for the pursuer's expenses, amounting to about L.31 sterling, he deponing upon his account, without restricting to regulations; found the first two liable conjunctly and severally in L.100 Scots of damages, imprisoned all three till Tuesday the 19th, and thereafter till the sums were paid, and suspended the messenger till the 1st of January next.