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[1741] 2 Elchies 2
Subject_1 ABBEY.
Date: Hamilton of Reidhouse
12 July 1741
Case No.No. 2.
Import of the ceremony of “booking.”
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The Bailie having, pursuant to certain acts of his Court in the 1687 and 1697, given his concurrence to the executing a caption in the abbey against Hamilton of Reidhouse, because he was not booked in the abbey: Upon a complaint, this concurrence was found lawful: But upon a reclaiming bill and answers, it appeared that these acts were only against such as lodged and resetted the persons not booked, and did not justify the concurrence to a caption, and thereupon we ordered evidence to be brought of the practice. The same Bailie, on an information signed that Hamilton was in meditatione fugæ with L.36 sterling of bank notes in his pocket, which he showed, and swore he would next Sunday go to Berwick, having given a warrant to search his pockets, which was accordingly executed, and only L.5 sterling found, yet the Lords found the warrant lawful, but ordered the L.5 to be restored. (See Dict. No. 4. p. 3.)
The electronic version of the text was provided by the Scottish Council of Law Reporting