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Nicol, a tailor, served Marion Forrest with a lawburrows, and charged her to find caution, which accordingly she found. Nicol however proceeded; and, obtaining a caption, incarcerated her. She applied to the Lords by summary complaint, setting forth, That she had intimated her having found caution, and made requisition of her liberty to the keeper of the prison, which had been disregarded; and therefore craving she might be set at liberty, and the charger found liable in damages. The Lords refused the desire of the petition, leaving her to present a bill of suspension of the charge on her obedience to it in finding caution, which bill would pass without caution.
Fol. Dic. v. 4. p. 310. Kilkerran.
*** This case is No. 38. p. 8041. voce Lawburrows.
