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Smith, serjeant and sutler in the 66th regiment of foot, while that regiment was quartered in the Castle of Edinburgh, contracted a debt, by open account, to James Christie grocer in Edinburgh, at whose instance he was incarcerated in the prison of Edinburgh, as in meditatione fugæ, on the regiment being ordered to Ireland. He made application to the Magistrates for an aliment, which being refused, he presented a bill of advocation, on which the following deliverance was given:
“The Lord Ordinary, after advising with the Lords, refuses this bill, but remits the cause to the Magistrates of Edinburgh, with this instruction, that they modify an aliment to the complainer, under this express condition, that he makes over a disposition of all he has, and particularly his pay he shall be entitled to receive as a serjeant during the time he shall be alimented.”
Clerk of the Bills.
Fol. Dic. v. 4. p. 140. Fac. Col. No 214. p. 163.