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Subject_1 Master and Servant Subject_2 Apprentice Subject_3 Meditatio fugæ Subject_4 Desertion.
Process — Sheriff Court — 39 and 40 Vict. cap. 70,sec. 6. Facts: Held that it is a competent proceeding to apprehend as in meditatione fugœ an apprentice who has deserted his service with the intention of proceeding to America, and to imprison him till he find caution de judicio sisti in an action to have him ordained to return to his service and continue in it.
The form authorised by sec. 6 of the Act 39 and 40 Vict. cap. 70, is the proper form for all civil proceedings in the Sheriff Court.
Warrant was granted, and the defender having been apprehended and examined, and thereafter committed to prison till he should find caution de judicio sisti , a note of suspension and liberation was brought before Lord Rutherfurd Clark, Lord Ordinary on the Bills. The Lord Ordinary passed the note, but refused to grant liberation hoc statu.
The respondent argued—This case was peculiar, as the complainer here was anxious to leave the country. That intention would have made proceedings under 38 and 39 Vict. cap. 90, futile; it also made the complainer's bond of no avail. Any one who is under a civil obligation, be it ad factum præstandum or for a sum of money, may be arrested on such a warrant as this.
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Common Room
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