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Scottish Court of Session Decisions >>
James Hamilton, Supplicant. [1675] Mor 793 (18 June 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor0200793-132.html
Arrestment upon a registered bond or decree, is not looseable upon caution, but upon consignation of the principal sum and annualrent, and caution for the penalty.
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James Hamilton, merchant in Edinburgh, gave in a bill, representing that, for a small sum due by him upon bond to Mr William Cheisly, his whole sums were arrested, which being upon a decreet of registration, the clerks refused to loose upon caution, and therefore petitioned that the Lords would ordain the same to be past upon sufficient caution, because it impeded him in his whole trade.
The Lords refused to loose the arrestment, being upon a decreet, upon caution; but granted the same upon consignation of the principal sum and annualrent contained in the bond, which was the ground of the arrestment, and caution for the penalty.
