Hamilton of Redhouse v. James Haliburton, Bailie-Depute of the Abbey of Holyroodhouse, &c
Date: 12 June 1741 Case No. No 4.
The bailie of the Abbey found entitled to grant warrant to search for money about a debtor, who had taken, refuge there, but had not been entered in the books.
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Redhouse having retired to the Abbey, information was exhibited to the bailie by some of his creditors, setting forth, That he had money in his pockets, but that he refused to pay any of his debts with it; and that he had said he was resolved to fly out of Scotland with it; therefore craving warrant to apprehend and search Redhouse, and to take what money should be found in his pockets from him: The bailie accordingly, without requiring an oath of the informers, or granting a warrant to bring Redhouse before him for examination, granted the desire of the creditors petition against Redhouse, who had not been booked in the bailie's books; and which warrant having been accordingly executed, and L. 5 Sterling taken from him, he, to redress these grievances, brought a process against the bailie, &c. for damages.
The Lords found, That, in consideration of the act of the Abbey-court in the year 1697, and practice agreeable thereto, of putting captions in execution against persons not booked, it was lawful for the bailie of the Abbey to grant his concurrence complained of, for putting the caption in execution. And found, That, in consideration of the signed information exhibited to the defender Haliburton, by the other defenders, it was lawful for Haliburton to grant the warrant complained of to seize and search the pursuer.
