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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Oar v The Bailie of Dunse. [1687] 2 Brn 110 (00 July 1687)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Robert Oar
v.
The Bailie of Dunse
1687 .July .Click here to view a pdf copy of this documet : PDF Copy
In a subsidiary action against a bailie of Dunse, for refusing, upon a charge, to receive a prisoner;—it was alleged for the defender, That he was but a magistrate of a burgh of barony that was not obliged to receive prisoners; 2. The prison was a-helping at the time; and the creditor took a bond of presentation from the rebel, to enter himself prisoner at Edinburgh; and, though he failed to do so, the defender is willing to present him cum omni causa. The Lords sustained the second defence to liberate the bailie.
Page 193, No. 681.
The electronic version of the text was provided by the Scottish Council of Law Reporting