Scottish Court of Session Decisions

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 BANKRUPT.

Creditors of Woodstone
v.
Colonel Scott

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In the case of the Creditors of Woodstone against Colonel Scott, it was declared by the House of Peers,—“That Alexander Turnbull having been arrested, and actually in the custody of a messenger, upon the caption at the suit of Sir William Ogilvie, was imprisoned, within the true intent and meaning of the Act of Parliament 1696.”

In a case observed by Lord Elchies in his manuscript, reported by Lord Newhall, 9th July 1736 ; the Lords found, that when a messenger apprehends a person upon caption, and lets him go on a bond of presentation, the act of apprehending was imprisonment in the sense of the Act of Parliament 1696.

Though the decision of the House of Peers, in the case of Woodstone, was not generally approved of by the best lawyers, yet it has been since followed in several cases ; and the point was finally understood to be fixed in a case decided 5th July 1774, Frazer against Monro. This is the latest decision on the point.

See a case decided 1771, M'Ilwraith and Others against M'Adam of Craigengillan and Others.