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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murray Sutherland of Clyne. [1776] 5 Brn 548 (26 July 1776)
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Cite as: [1776] 5 Brn 548
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[1776] 5 Brn 548
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 PRISONER.
Date: Murray Sutherland of Clyne
26 July 1776 Click here to view a pdf copy of this documet : PDF Copy
Murray Sutherland of Clyne, being apprehended by caption, but not incarcerated, presented to the Ordinary on the Bills a bill of suspension and liberation, on which the Lord Ordinary gave a sist, and appointed it to be intimated. But, as the messenger insisted to proceed, and to incarcerate, Murray Sutherland applied, by petition, to the Ordinary on the Bills to have the incarceration prohibited. The Ordinary reported the case at the foot of the table. The Lords being clear that, according to the course of late decisions, a sist upon a bill of suspension obtained after apprehension of the person of the debtor, is no bar to incarceration, they advised the Ordinary to refuse the petition, and to allow the law to take its course.
The electronic version of the text was provided by the Scottish Council of Law Reporting