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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Grant v William Jones. [1745] 2 Elchies 51 (12 February 1745)
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Subject_1 ARRESTMENT.
Date: Thomas Grant
v.
William Jones
12 February 1745
Case No.No. 23.
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An arrestment in the hands of many tenants in the Cannongate, used betwixt twelve at night of Sunday the 15th May, and one in the morning of Monday the 16th, at the doors of their dwelling-houses, in the usual form, because they could not get access, sustained to affect the subsequent Martinmas rent, and preferred to an arrestment at five in the morning of the said 16th day; notwithstanding a small mistake in the witnesses or of the clerk, might have brought the arrestments to be both on Sunday and the term-day; and though many of us doubted much if an arrestment in these silent hours of the night was lawful. (See Dict. No. 77, p. 3741.)
The electronic version of the text was provided by the Scottish Council of Law Reporting