Cases decided in the Court of Session – Patrick Shaw & Alex Dunlop (Vol II 12th Nov 1822 – 11th Mar 1824) No.99
p103
 |
No. 99. Stirling April 19, 1823 --- Lord Gillies. Dundas, A.D. John Forrest -- R. Thomson. Outlawry - Pannel furth of the Kingdom - Mandate. --John Forrest, accused of violating the sepulchres of the dead, having failed to appear, on calling the diet against him the Advocate-depute craved sentence of fugitation. "Thomson objected to the regularity of the citation, that it was not given at the last dwelling-place of the pannel ; and, moreover, that as the pannel was forth of Scotland, an edictal citation ought to have been used. The Advocate-depute answered, that the counsel for the pannel was not entitled to state this objection, because the pannel did not appear, and because the counsel did not hold mandate from him, which was necessary, he being forth of the kingdon." Lord Gillies repelled the objection, and sentence of outlawry pased against the pannel. |
