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Scottish Court of Session Decisions >>
The Town of Edinburgh v Captain John Gairden. [1694] 4 Brn 157 (20 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040157-0361.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Town of Edinburgh v. Captain John Gairden
Date: 20 February 1694
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The Lords repelled his reason of suspension, founded on his bond, That it was alternative; either to present his person to prison, or to pay the sum; and that he elected the first. The Lords found that he had elected the last, by making some partial payments; so that he could not recur now. And, as to the second, craving production of the tack to which this bond was relative, the Lords refused it, seeing he ought to have his own copy of the tack; but ordained the Town to assign him against the conjunct tacksmen, that he might procure his relief pro rata.
