Scottish Court of Session Decisions

Subject_1 MEDITATIONE FUGÆ.

Gavin Kempt
v.
His Creditors

Date: 16 January 1786
Case No. No 10.

A meditatione fugæ warrant may be put in execution at any time.

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Gavin Kempt, as being in meditatione fugæ, was committed to prison, by a Magistrate, on an application of his Creditors. He afterwards presented a bill of suspension and liberation, in which it was argued, that the arrest, having taken place on a Sunday, was illegal.

The cause was reported by the Lord Ordinary on the bills; when

The Court were unanimously of opinion, That as the imprisonment was founded on an alleged intention to defraud creditors, by flying to another country, it might proceed at any time.

The Lord Ordinary, after advising with the Lords, refused the bill.

Fol. Dic. v. 3. p. 401. Fac. Col. No 246. p. 378.