Scottish Court of Session Decisions

Subject_1 ABBEY.

Hamilton of Reidhouse

1741, (June) July 12.
Case No. No. 2.

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There were two questions, 1st, Whether the Bailie giving his concourse to executing a caption against Hamilton in the Abbey, since he was not booked in terms of the act of the said Bailie Court 1697, was lawful: The Lords found it was.—Pro were, Strichen, Kilkerran, Dun, Balmerino, Munzie, Murkle, Leven, the President, et Ego.—Con. were, Royston, Justice-Clerk, Minto, and Haining; and Drummore did not vote. Second question, Whether upon information without oath of Hamilton's having sums of money, as set forth in the prints, and that he was in meditatione fugæ, it was lawful to the Bailie to give the warrant to search his pockets? In this question, Lord Isla, inveighed greatly against the practice of taking informations on oath, and introducing that into our law, contrary to our statute; though he approved of the practice of bringing the prisoner before the Judge to be examined; so that the question turned chiefly on this, Whether L.36 sterling was a sum sufficient to justify the warrant? and 2dly, Whether searching the pockets was lawful, and partioularly whether money in a man's pocket, or a ring on his finger, might be poinded?—Upon the whole, it carried by the President's casting vote.—Pro were, Kilkerran, Dun, Balmerino, Munzie, Murkle, Leven, et Ego,—Con. were, Royston, Justice-Clerk, Minto, Haining, Strichen, Isla, Drummore Reporter.