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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Town of Brichen v The Town of Dundee. [1672] 2 Brn 158 (10 February 1672)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The Town of Brichen
v.
The Town of Dundee
10 February 1672 Click here to view a pdf copy of this documet : PDF Copy
The Magistrates of Brichen pursue the Magistrates of Dundee for payment of the debt of Lawrence Dundass, who, being incarcerated in the tolbooth of Dundee, was suffered to come out of the tolbooth. The Lords having, before answer, ordained witnesses to be examined hinc inde, anent the manner of the prisoner's outcoming, and the necessity thereof; the witnesses proved, that he came once out to the kirk to sermon, and several times to get his meat at the jailer's house, and sometimes to the fields, and upon the river by boat, the jailer or his man being still with him; and that he was still valetudinary and sick. There was also an instrument produced taken against him, when he was not [out] upon these occasions; but the prisoner did not escape at any time. Upon all which, the Lords found, That debt did not burden the Magistrates of Dundee; and assoilyied them.
Vol. II, Page 68.
The electronic version of the text was provided by the Scottish Council of Law Reporting