Scottish Court of Session Decisions

Subject_1 ARRESTMENT.
Subject_2 Loosing Arrestment.

George Monteith, Supplicant

Date: 6 November 1675
Case No. No 135.

The clerk of the bills expelled from his of office, for taking improper caution in loosing arrestment; and the loosing, which had passed, contray to an order of Court, found null.

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George Monteith having, given in a bill, representing, that he having arrested certain sums of money, did supplicate the Lords, that no loosing thereof should pass, but upon sufficient caution intimate to him; and that, notwithstanding, the clerk of the bills, after intimation of the Lords deliverance, granting his bill, thereafter accepted a cautioner living in Leith, who is a known bankrupt. It was answered, That the supplicant had obliged himself, during such a space, not to arrest, and that the sum was so great a cautioner could hardly be found.

The Lords considering the loosing of arrestment had passed of course, contrary to their order, found it void, and ordained the same to be intimate to the debtors, in whose hands arrestments was made; and ordained the servant of the bill chamber, who hath the charge of the loosing of arrestments, to be removed out of the chamber.

Stair, v. 2. p. 364.