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George Drummond v James Dumbar. [1681] 3 Brn 408 (6 July 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030408-0575.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
George Drummond v. James Dumbar
Date: 6 July 1681
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George Drummond, late Bailie in Edinburgh, against James Dumbar, messenger, anent his arresting the Laird of Dundass. The Lords found, where one is imprisoned for a riot by order of the privy council, and is arrested in prison by virtue of a caption for a civil debt, if the privy council release him, he cannot be detained on pretence of the arrestment;—because it falls by consequence, the first cause of imprisonment on which it depends being relaxed.
Yea Halton, (who stood very high in this cause for the privy council's jurisdiction,) and some others went this length, that, though the first cause of imprisonment had been on a caption for debt, and the second only by the council, yet he might be liberated by the council's order. Which seems most arbitrary and unjust.
