Lawburrows

Lawburrows is a little-known civil action in Scots law initiated by one person afraid of another's possible violence.

The term is derived from law-borrow, where borrow is used in the archaic sense of a pledge, guarantee, or surety (souerte in the act below).

The most common action against someone who threatens violence is interdict, in other jurisdictions, an injunction, but this is awarded at the discretion of judge or sheriff.

Since public interest (the general effects of the action on the welfare of society) is involved, corroborative witnesses may be required.

The aim of Lawburrows was stated in the act "...to prevent such delinquences (the issuing of threats) and terrify evil doers..." The process is remarkable for its simplicity, speed of execution, low cost of process and the absolute certainty of the exact penalty should the order be contravened.

In an initial writ to the sheriff court, the pursuer asserts that he fears harm to either his person, property, family, tenant or employees from the defender.

He asks the sheriff to obtain a certain sum of money (a "caution") or a bond as security against being molested or troubled further by the defender.

As soon as this writ is received, the sheriff clerk must immediately order it to be served on the defender and a date for an early hearing has to be fixed at the same time.

If the defender does any harm of the kind specified in the initial writ, the pursuer may (with the consent of the Procurator Fiscal) raise an action for "contravention of lawburrows" asking that the money, or bond, be forfeited and divided equally between the Crown and himself.