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URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050617-0749.html
Cite as: [1776] 5 Brn 617
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[1776] 5 Brn 617
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
1776 .December Click here to view a pdf copy of this documet : PDF Copy
A Debtor having presented a bill of suspension, to which answers were given in, followed by replies and duplies, the bill was past upon caution; but no caution being found within the time limited by Acts of Sederunt, the debtor was apprehended by a messenger. While in custody, before actual incarceration, he presented a new suspension, and obtained a sist; notwithstanding whereof, having been incarcerated, he presented a complaint, setting forth, Primo, The illegality of incarcerating him after a bill of suspension past, without a certificate from the Bill-Chamber that no caution was found; and, secundo, This illegality increased after a sist on a new bill of suspension obtained and intimated. But the Lords rejected the complaint unanimously. They held that a certificate, such as mentioned, was proper, but not necessary; and they held that a sist on a bill of suspension, intimated after apprehension, did not stop incarceration.
The electronic version of the text was provided by the Scottish Council of Law Reporting