Power, - Duty, - Liability of Magistrates relative to Prisoners.
Lockie v. Bailies of Glasgow
Date: 21 November 1628 Case No. No 23.
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In an action against the Magistrates to pay the debt, because the debtor being incarcerated in their ward escaped, the Lords found an exception relevant to produce liberation to the Magistrates, viz. that the debtor by instruments of iron in the night time, broke up the lintel of the window in the prison-house where he was detained, and escaped thereat, which was case like to casus fortuitus, for which they cannot be answerable, neither can be in culpa thereby, specially seeing that same night of his escape, the Magistrates sought him in all the parts of the town, and upon the morrow and next day thereafter searched and sought him through the country; which manner of escaping and diligence done immediately thereafter, was found relevant to liberate the Magistrates, seeing it was not alleged, that either the Magistrates, or any of the under officers, or keepers of the goal, were accessory to the escape.
Act. Lawtie.Alt. Aiton & Cuninghame.Clerk, Hay.
Fol. Dic. v. 2. p. 170. Durie, p. 398.
