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Scottish Court of Session Decisions >>
James Rob, Keeper of the Tolbooth of Edinburgh. [1752] Mor 11742 (14 July 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor2811742-068.html Cite as:
[1752] Mor 11742
Power, - Duty, - Liability of Magistrates relative to Prisoners.
James Rob, Keeper of the Tolbooth of Edinburgh
Date: 14 July 1752 Case No. No 68.
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When a man, for a crime, is condemned to be transported out of the kingdom, the transportation, being a part of the sentence, cannot be disappointed by any private debt. And therefore it was found, That the keeper of a prison could not prevent a transportion by his claim for prison-dues.
Fol. Dic. v. 4. p. 137. Sel. Dec. No 17. p. 20.*** This case is reported in the Faculty Collection:
Rob, keeper of the prison of Edinburgh, petitioned the Lords that he might be authorised to detain a criminal under sentence of transportation, until payment of the prison dues should be made. The Lords were of opinion, That, by indulging this privilege to jailors, every corporal punishment inflicted by law might be evaded; and therefore,
“They refused the petition.”
Petitioner, And. Macdouall.
Fac. Col. No 28. p. 48.
