Power, - Duty, - Liability of Magistrates relative to Prisoners.
Forbes v. Bailies of Aberdeen
Date: 16 March 1622 Case No. No 11.
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One Forbes in Montrose having charged one of the Bailies of Aberdeen, to take ——, burgess in Aberdeen, debtor to the charger; the Bailie suspended upon this reason, that he could not be compelled to take him upon the first charge, but that the party behoved to use and raise new letters, and a second charge, before there were necessity to the Bailie to take the party; 2do, That the Bailie could not be compelled to take the party debtor, seeing he was brother to the Bailie, against whom he could not be compelled to use such rigorous execution of caption, seeing there were other three Bailies within the town, whom he might more conveniently charge to execute that caption. The Lords found none of the reasons relevant, and therefore sustained the charge against that same Bailie.
Act. —.Alt. —.Clerk, Gibson.
Fol. Dic. v. 2. p. 167. Durie, p. 22.
