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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
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1677. December.13.—In an advocation, presented by James Lockhart of Cleghorne, of an action pursued before the Bailies of Edinburgh by Alexander Young, merchant there, against Patrick Vausse, keeper of the tolbooth of Edinburgh, for giving up 100 merks, consigned by the said James for getting one Vernor liberated, it came to be debated, since Vernor was incarcerated only on a warding, whether such prisoners may be liberated without a formal charge to set at liberty, since the act of sederunt dated the day of, 1675, provides, where any are incarcerated by captions, it shall not be lawful to set them at liberty without such a charge; and if there be any ratio disparitatis between them. See the information of it beside me.
