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On the 7th of September 1826, warrant was granted by the sheriff-depute of Lanarkshire, upon application by Hedderwick, for imprisoning the suspender Gorman, as in meditatione fugæ , until he should find caution to appear ‘and abide the issue of any action to be brought against him, at the petitioner's instance, for payment of the debt stated in the petition (amounting to L.5. 7s.) at any time within six months from the date of the bail-bond to be granted to that effect.’
The Lord Ordinary, ‘in respect of the long delay on the part of the chargers to commence their action against the suspender, and the trivial extent of the debt, which was generally admitted by the suspender, and also, that the complainer, by the delay, has been for some months prevented from obtaining his liberty in consequence of a process of cessio bonorum , passed the bill without caution or consignation.’
The Court , however, ‘recalled the interlocutor complained of, and remitted to the Lord Ordinary to refuse the bill of suspension; reserving to the suspender to apply to the sheriff of Lanarkshire for a re-examination and further investigation upon the original application against him as in meditatione fugæ.’
Lord Craigie, Ordinary. Act. A. M'Neill. Agent, N. W. Robertson. Alt. Will. Bell. Agent, James Malcolm.
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