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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir James Cockburn v Inglis. [1776] 5 Brn 407 (21 June 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050407-0360.html
Cite as: [1776] 5 Brn 407
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[1776] 5 Brn 407
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 CAUTION JUDICIO SISTI.
Date: Sir James Cockburn
v.
Inglis
21 June 1776 Click here to view a pdf copy of this documet : PDF Copy
The Lords found, “ That cautioners judicio sisti are liberated from their suretyship by producing the person of the debtor for whom they are cautioners, at all diets of Court, when required, or by decreet being pronounced in the cause; but if, before pronouncing decreet, application shall be made to the Court, and evidence brought that the debtor is still in meditatione fugæ, for the purpose of evading personal execution on the decreet when pronounced; find, that, in such cases, the judge may exact new caution for the debtor's continuing within the kingdom, under a proper penalty, even after decreet shall be pronounced for preventing this evasion of the law; and if the debtor refuse or neglect to find such caution, the Judge may commit him to prison, under such limited time as shall appear necessary.”
The electronic version of the text was provided by the Scottish Council of Law Reporting