Application for a warrant meditatione fugæ against a person who has retired to the Abbey, must be made in the first instance to the bailie of that sanctuary.
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Peter Niblie having retired to the Abbey, a petition was presented by some of his creditors, praying to have him deprived of the benefit of the sanctuary, on account of some alleged acts of fraud, or at least to have him ordained to find caution judicio sisti, in the actions already brought, or to be brought against him at their instance, as they were apprehensive that he meant to escape.
The Court were of opinion, that the circumstances of the case did not warrant his being deprived of the benefit of the sanctuary; and that any application against him as in meditatione fugæ, fell to be made in the first instance to the Bailie of the Abbey, the Judge Ordinary, who, if he saw cause for requiring caution, might, on Niblie's failing to find it, confine him in the prison of the Abbey, as was done in the case of Park against Bennet, No. 7. p. 7.
The Lords, as to this point, refused the petition.
For the Petitioners, Geo. Fergusson.Clerk, Sinclair.
Fol. Dic. v. 3. p. 401. Fac. Col. No 48. p. 101.
