Scottish Court of Session Decisions

Subject_1 PRISONER.
Subject_2 SECT. III.

Act of Grace.

Mr William Law, Schoolmaster,
v.
Mr Duncan White

Date: 10 December 1709
Case No. No 117.

One imprisoned on a caption for a civil debt, having deponed in terms of the act of Parliament, that he was not able to maintain himself, and being set at liberty, because the creditor declined to aliment him, the Lords found, that he could not be summarily recommitted to prison on the same caption, but only by warrant of their Lordships.

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Mr Duncan White having incarcerated Mr William Law in the tolbooth of Edinburgh, by virtue of a caption for a civil debt, and Mr William being set at liberty by the Magistrates, upon giving his oath, in terms of the late act of Parliament, that he was not able to maintain himself, and Mr Duncan's declining to aliment him, Mr Duncan did of new again summarily, upon the same caption, apprehend and commit him to the Canongate prison; which being complained of to the Lords, they found the second imprisonment was unwarrantable, and that Mr Law could not, after he was once set at liberty for Mr White's not alimenting, be incarcerated again by virtue of the same caption, but causa cognita by warrant of the Lords. For the Lords thought, that the setting a prisoner at liberty, as not able to maintain himself, was equivalent to a suspension and relaxation.

Fol. Dic. v. 2. p. 175. Forbes, p. 363.