Scottish Court of Session Decisions

Subject_1 ALIMENT.

Patrick Urquhart
v.
Will

1754, Jan 5.
Case No. No. 15.

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Will was imprisoned at Stirling on a caption for a debt due to Ross, (for which Urquhart was cautioner, and as was said had paid,) and applied en the act of grace. Urquhart had obtained against him the Commissary of Aberdeen's decreet in a process of scandal, decerning a pallinode to be performed in the kirk of Frasersburgh, and a small fine; and on a suspension, the letters had been found orderly proceeded, and expences given. Urquhart raised a caption on this decreet, and arrested Will in prison, and afterwards presented a bill of suspension of the aliment modified, which Murkle refused;—and he reclaimed to us, and in the answers offered to obey the Commissary's decreet as to the pallinode; and on advising bill and answers, we refused the bill as to the debt due to Ross, and found that the act of Parliament does not take place in the case of commitments for delicts; but in respect of the respondent's offer to obtemper the Commissary's decreet, found that the charger ought either, on the respondent's enacting himself under the penalty of L.5 sterling to obtemper the pallinode, to set him at liberty, or otherwise to aliment him.