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R. , Lord Meadowbank , Lord Glenlee , Lord Medwyn , Lord Justice-Clerk , Lords President , Gillies , Mackenzie , Corehouse , Fullerton , Mon-Creiff , Jeffrey , Cockburn , Lord Cuninghame .
Subject_ Meditatio Fugœ Warrant—Landlord and Tenant—Obligation in diem— Headnote: Application by a landlord against a tenant under a 19 years' lease which had 15 years Still to run, to have the tenant imprisoned as in meditatione fugæ till he found caution do judicio sisti to the amount of the future rents of the lease, the terms of payment being first come and bygone, and warrant following thereon,—Held to be competent and legal.
Bill of Exceptions to the direction on the trial of this case, March 17, 1837, mentioned ante, XV. 884.
The Jury returned a verdict for the pursuer, with £200 damages against the defender, Ferrier, and found for the other two defenders.
To the above charge Ferrier excepted, “that it was erroneous in point of law, and that instead of the direction given as aforesaid, his Lordship should have directed the Jury, that the petition at the instance of Ferrier, and warrant following thereon, were competent, and warranted in law.”
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Common Room
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