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Scottish Court of Session Decisions >>
Richard Ockley. v Grierson of Lag. [1682] Mor 1807 (3 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor0501807-005.html Cite as:
[1682] Mor 1807
A reasonable cause for not presenting the debtor at the precise hour, will be sustained.
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A person obliged to present a rebel upon a precise day, betwixt two and three, not having offered him till between seven and eight, being charged for the debt, suspended upon this reason, that their journey was retarded some hours, upon the account that the day of presentation was a public fast-day by authority, and that the rebel was carried to the pursuer's house, and offered to him, but he refused to accept of him; and the defender not being master of the caption, could not put him in prison.
The Lords sustained the reason; the suspender giving his oath, that the fast was the reason he was not presented at the precise hour, and burdened the suspender to present the rebel cum omni causa, within fifteen days.
Fol. Dic. v. 1. p. 114. Harcarse, (Caption.) No 229. p. 54.
