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In an action at the instance of John Bell, against the Bailies of Dunse, for payment of L. 1000, addebted to him by his debtor, because they suffered his debtor to escape out of their ward, wherein he was incarcerated, being apprehended by letters of caption, by a messenger, who presented him to their jailor, which jailor received him from the said messenger, and put him in ward, and keeped him therein, by the space of divers days; this action was not sustained against the Bailies; for the rebel not being offered to the Bailies, nor commanded by them to be received by the jailor, nor the rebel's warding ever intimated to the Bailie's selves;—the Lords found, that the Bailies were not obliged; albeit it was alleged, that they should be answerable for their jailor; and therefore the action was not sustained against them, but they were assoilzied.
