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Scottish Court of Session Decisions >>
Jean Bell v The Magistrates of Lochmaben. [1781] Mor 11756 (13 June 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Mor2811756-078.html Cite as:
[1781] Mor 11756
Power, - Duty, - Liability of Magistrates relative to Prisoners.
Jean Bell v. The Magistrates of Lochmaben
Date: 13 June 1781 Case No. No 78.
Magistrates liable, if they do not imprison debtors as soon as delivered to them.
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Letters of caption contain the following clause in the charge for incarcerating denounced debtors:
“And, if need be, that ye make steiked and lock-fast gates, doors, and houses, open and patent, and use our keys for that effect, within three days after they are charged by you thereto, under the pain of rebellion and putting of them to the horn,”
&c. Two debtors were presented to the Magistrates of Lochmaben, on Tuesday the 25th March 1779, but were left at liberty till Saturday the 27th. The Magistrates were pursued by the creditor, for payment of the debt, and pleaded the above clause in their defence, as giving them a discretionary power of incarcerating at any time within three days.
Upon advising informations, the Lords “repelled the defences, decerned against the Magistrates for payment of the debt, and found them liable in expenses.”
A reclaiming petition was refused unanimously.
Lord Ordinary, Westhall.Act. Ro. Dalzell.Alt. Il. Campbell & Geo. Currie.
Fol. Dic. v. 4. p. 136. Fac. Col. No 53. p. 93.
