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Scottish Court of Session Decisions >>
James Alston v Francis Ross. [1683] 3 Brn 486 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030486-0731.html Cite as:
[1683] 3 Brn 486
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1683 and 1684.
James Alston v. Francis Ross
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1683. February 1.—James Alston against Francis Ross, pewterer in Edinburgh, reported by Castlehill. The Lords found the 8th Act of Parliament 1672, discharging Magistrates of Royal Burghs to arrest strangers, is only in favours of natives, not citizens, and not of foreigners; and that, notwithstanding of the said Act, such strangers may be arrested: but allow Ross the defender to prove it, as a relevant defence, that Macqueston, the person arrested, for whom he became caution, was origine Scotus, and had fixed a domicile here, forty days before he was arrested. Which being proven, they found the arrestment unwarrantable; seeing Alston had his bond for the debt, and so it was not merely due upon an account. And, before answer, ordained Ross to depone if he had any effects then in his hands belonging to Macqueston. Vide 8th January 1684.
Vol. I. Page 215.
1684. January 8.—The Lords having advised the probation in James Alston's action against Francis Ross, the pewterer, mentioned 1st February 1683, found it not proven by Ross's witnesses that M'Queston was born a Scotsman, or did reside a year in Scotland before the date of his arrestment (which was quarrelled on the 8th Act of Parliament 1672, as now illegal,) and of Ross's bond of cautionry to present him to the Magistrates of Edinburgh: and therefore found the letters orderly proceeded against him.
