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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Will v The Magistrates of Kirkaldy. [1669] 1 Brn 590 (25 June 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010590-1493.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Will
v.
The Magistrates of Kirkaldy
25 June 1669 Click here to view a pdf copy of this documet : PDF Copy
In a subsidiary action pursued against the Magistrates, for suffering a prisoner for debt to escape;—It being alleged by the pursuer, That the prison doors were not sufficient; and that some of them were not locked; and a catband without the door was not put on that night before the prisoner escaped: And the Magistrates offering to prove, That the doors were sufficient and locked, and some of them blown up with powder; and that they had done as great diligence that night, as ever they had been in use to do for keeping of prisoners for debt:
The Lords, before answer, did ordain both parties to have diligence for proving
their allegeances, that they might know clearly the matter of fact, and if there was any fault, before sentence. Page 59.
The electronic version of the text was provided by the Scottish Council of Law Reporting