Power, - Duty, - Liability of Magistrates relative to Prisoners.
Stevenson v. Manson
Date: 28 February 1685 Case No. No 54.
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Bailie Stevenson, in Edinburgh, having pursued Manson, bailie of Wick in Caithness, by a subsidiary action, to pay the debt, for suffering a rebel to escape, and this defence being proponed, that they were not bound to accept the prisoner, because the messenger refused to show the caption, or other warrant to apprehend him, and this as relevant being admitted to probation, and the report of the witnesses this day advised; the Lords found the defence proved, and assoilzied Manson; though they alleged, that they had accepted the prisoner, and kept him some weeks, but then pretended, that being like to starve, they might liberated him, seeing the in-putter did not offer caution to aliment him.
Fol. Dic. v. 2. p. 167. Fountainhall, v. 1. p. 345.
