Power, - Duty, - Liability of Magistrates relative to Prisoners.
Scot v. One of the Bailies of Montrose
Date: 16 March 1622 Case No. No 10.
Found in conformity to Vauss against Calder, No 5. p. 11688.
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Scot pursued one of the Bailies of Montrose to pay to him a sum, for which he had denounced Thomas Forbes, because the Bailie being charged to take the rebel, had not obeyed. He alleged, That the, rebel had parted out of the country before the second charge, and was yet absent. The allegeance was repelled, because the pursuer offered him to prove, that the rebel had been in company with the Bailie in Montrose diverse times after the first charge given.
