Scottish Court of Session Decisions

Subject_1 PRISONER.
Subject_2 SECT. I.

Power, - Duty, - Liability of Magistrates relative to Prisoners.

Sibbald
v.
Blyth

1622. July 14. and November 30.
Case No. No 12.

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

Found that a Bailie in burgh, who takes not the rebel, being exhibited to him, is obliged to pay the debt; and albeit the Bailie thereafter take the rebel post intervallum, and put him in ward, yet that relieves him not of the payment, because at that time he took him not, being in his hands and power. This exception being proponed for David Sibbald Bailie in Perth against John Blyth in Dundee, for the taking Andrew Mathie, that he thereafter took him, and put him in ward where he remains in as good state, was repelled by interlocutor.

Fol. Dic. v. 2. p. 168. Kerse, MS. fol. 227.