Power, - Duty, - Liability of Magistrates relative to Prisoners.
Dumbar v. Provost of Elgin
Date: 26 March 1634 Case No. No 30.
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One Dumbar pursuing the Provost of Elgin for payment of a debt owing to him by ——— his debtor, who was rebel, and for not taking of which rebel he had charged the defender, as is usual in such cases, and for not doing whereof he had pursued the Magistrates; who alleging, That seeing the rebel, who was debtor, was dead before the intenting of this action, therefore, that no process can be granted against them, while the decreet were first transferred in some to represent him; this allegeance was repelled, and the action sustained, without necessity of transferring in the person of any to represent the principal debtor, seeing the heirs and executors to represent him were called in this pursuit for their interests; which the Lords found enough, and so sustained the action. See Transference.
Clerk, Gibson.
Fol. Dic. v. 2. p. 168. Durie, p. 717.
