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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hay v the Keeper of the Tolbooth of Edinburgh. [1734] Mor 11809 (18 July 1734)
URL: http://www.bailii.org/scot/cases/ScotCS/1734/Mor2811809-124.html

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[1734] Mor 11809      

Subject_1 PRISONER.
Subject_2 SECT. III.

Act of Grace.

Hay
v.
the Keeper of the Tolbooth of Edinburgh

Date: 18 July 1734
Case No. No 124.

Click here to view a pdf copy of this documet : PDF Copy

A poor prisoner having obtained an act of liberation upon his creditors refusing to aliment him, was notwithstanding detained by the jailor, upon pretence that his fees were not a debt that fell under the act of grace, and that he had a hypotheck upon the prisoner's person for payment of the same; the Lords found, That the jailor must aliment or liberate.

Fol. Dic. v. 2. p. 175.

*** The like found, 3th January 1736, Rattray against Keeper of the Tolbooth of Edinburgh, and 13th December 1737, Hopkins against Cleland. See Appendix.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1734/Mor2811809-124.html