Power, - Duty, - Liability of Magistrates relative to Prisoners.
Paplay v. The Magistrates of Edinburgh
Date: 14 July 1668 Case No. No 43.
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John Paplay having obtained decreet against Henry Henryson for a blank sum, and thereupon arrested him when he was prisoner in the tolbooth of Edinburgh, did obtain decreet against the Magistrates for payment of the debt for suffering him to escape; notwithstanding it was alleged, That they had only permitted him to go to a friend's house, when he was extremis agens, and where he died shortly after; for the Lords found, That the Magistrates could not, at their own hand, permit him to go out of prison without a warrant from the Lords of Privy Council, or their own warrant specially; it being proved, that they suffered him to lie many nights out of prison before that time.
Fol. Dic. v. 2. p. 169. Gosford, MS. No 31. p. 11.
