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An officer who lived with his wife and family for several months in Edinburgh, going to join his regiment, a creditor apprehended him on a warrant on the act 1672, cap. 8. until he should find caution judicio sisti et judicatum solvi, as being in meditatione fugæ. The Lords, in respect that the officer was a burgess of Edinburgh, and no stranger, and that going to his regiment was no fuga, found him entitled to damages from the creditor.
Fol. Dic. v. 3. p. 400. D. Falc. Kilk.
*** This case is No. 63. p. 1929. voce Burgh Royal.
