Power, - Duty, - Liability of Magistrates relative to Prisoners.
L Drumlanrig v. L Cashogil.
Date: 16 January 1622 Case No. No 8.
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In a declarator of escheat pursued by the L. Drumlanrig against Cashogil, proceeding upon an horning executed against him, for not obeying of charges given to him as Bailie of Morton, to take some rebels; the Lords found, conform to the old practick, that that horning, and all hornings of that nature, could not be sustained, except there had been a preceding charge executed against the defender upon another horning, whereby the Bailie was charged to take the rebels, by the disobedience whereof, the letters of horning, whereupon he was denounced, ought to be directed; and therefore ordained the prior letters and charges to be produced, without production whereof, the Lords found the horning null.
Act. Hope.Alt. King.Clerk, Scot.
Fol. Dic. v. 2. p. 167. Durie, p. 9.
