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It was answered —That this statute does not render it imperative upon the Sheriff to order caution in every cause of a maritime nature instituted in his court, and the Sheriff in this cause exercised a sound discretion in not requiring it.
The Lord Ordinary verbally reported the point to the Court, and Lord Cringletie having stated that it was the practice of the Admiralty Court, while he presided in it, to require caution in all such cases, their Lordships ordered caution to be found by the respondent.
Lord Mackenzie, Ordinary. For Pursuer, Mark Napier. J. Steuart, Agent. For Defender, Neaves. Campbell & Macdowall, Agents. T. Clerk.
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Common Room
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