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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v The Magistrates of Edinburgh. [1627] 1 Brn 229 (13 January 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010229-0517.html
Cite as: [1627] 1 Brn 229
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[1627] 1 Brn 229
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: -
v.
The Magistrates of Edinburgh
13 January 1627 Click here to view a pdf copy of this documet : PDF Copy
The Provost and Bailies of Edinburgh [were] decerned to pay the debt for letting of the debtor escape that was put in the ward by letters of caption at a creditor's instance, although it was alleged that the Provost and haill Bailies were not private to the outtaking of the person warded, but only two of the bailies, that were his friends; and so they only put him to liberty, and should be subject to the payment of the debt, at least should be first discussed. Notwithstanding, the Lords found, That the haill might be convened at the instance of
the creditor, and these that were guilty of the escaping may pursue their colleagues for their relief. Page 248.
The electronic version of the text was provided by the Scottish Council of Law Reporting