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Alexander Law v John Stevenson. [1633] Mor 8133 (31 January 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor1908133-037.html Cite as:
[1633] Mor 8133
Solemnities requisite in the execution of diligence. - Purification of condition debts.
Alexander Law v. John Stevenson
Date: 31 January 1633 Case No. No 37.
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A party may be charged by a burgess to find caution to answer as law will, if the debt be for merchandize or furnishing, whereupon there is no bond granted to the creditor. But if the creditor have a bond for sums of money, he may not charge the debtor to find caution to answer as law will, and this cautioner is only obliged to present the debtor before the court of the burgh upon fourteen days warning; which, if he do, he is liberated of his cautionry, and the Baillies take another course with the debtor, by warding him, until he find a new cautioner. But if he present not the party for whom he is cautioner, upon lawful warning, the process is given to the creditor against the cautioner, although the principal debtor be not dwelling within the jurisdiction of the burgh. That is a special privilege granted to burghs for maintaining their trade, as was found in an advocation raised by Alexander Law against John Stevenson, because the said Alexander had found caution to answer as law will to the said Stevenson.
