Power, - Duty, - Liability of Magistrates relative to Prisoners.
Vauss v. L Calder.
Date: 5 December 1610 Case No. No 5.
A Magistrate charged to take a rebel, was found liable in the debt, because he bad been in company, with the rebel after the charge. See No 10. No 11690.
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Alexander Vauss, burgess of Edinburgh, pursues Sir John Campbell of Calder, Sheriff principal of the sheriffdom of Nairne, and Lauchlan M'Intosh, for his interest, and his tutors and curators, to hear and see it found, that Cadell was lawfully charged the times libelled, to take Lauchlan rebel at Alexander's instance, for disobeying letters raised against him as oye and heir to umquhile Lauchlan his goodsir; who, by bond, was obliged to pay 10 merks for ilk boll of 240 bolls bear, disponed by him to the pursuer; and that Cadell has disobeyed the charge, and that wherethrough he ought to make payment to the pursuer of the said moneys, and therefore to hear him decerned to pay Alleged for Cadell, The time of the second charge Lauchlan was in Edinburgh extra territorium, out with the bounds of the defender's jurisdiction, as Sheriff of Nairne, within the bounds whereof he was only subject to search and seek. Replied, Because the time of the first charge, they were both the Sheriffs and rebels within the sheriffdom of Nairne, quhilk put the Sheriff defender in mala fide, in not taking the rebel, being in company with him in Edinburgh the time of the second charge; specially seeing the pursuer offers to prove, that the rebel has been diverse times in company with the Sheriff within the bounds of Nairne, since the time of the first and second charges. Admits the reply and summons to probation.
Mr Wm. Oliphant & Mr Hew Kinross.
Fol. Dic. v. 2. p. 167. Nicolson, MS. No 279. p. 192.
