Power, - Duty, - Liability of Magistrates relative to Prisoners.
Sibbald v. Blyth
1622.
July14. and
November30. Case No. No 12.
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Found that a Bailie in burgh, who takes not the rebel, being exhibited to him, is obliged to pay the debt; and albeit the Bailie thereafter take the rebel post intervallum, and put him in ward, yet that relieves him not of the payment, because at that time he took him not, being in his hands and power. This exception being proponed for David Sibbald Bailie in Perth against John Blyth in Dundee, for the taking Andrew Mathie, that he thereafter took him, and put him in ward where he remains in as good state, was repelled by interlocutor.
