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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Fender v The Magistrates of Haddingtoun. [1687] 2 Brn 112 (00 December 1687)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Thomas Fender
v.
The Magistrates of Haddingtoun
1687 .December .Click here to view a pdf copy of this documet : PDF Copy
In a subsidiary action at the instance of Thomas Fender against the Magistrates of Haddingtoun, for the escape of a prisoner;—Alleged for the defenders, That Claverhouse's troop, who kept guard in the tolbooth, having, upon the king's birth-day, called for the prisoners to drink his Majesty's health, the prisoner had slipped out in the midst of the noise and confusion, causa improvisa, but was searched for and retaken before the pursuer knew of his escape. Answered, If such an excuse were sustained, magistrates might elude all actions of this nature, and creditors would have no security; for the design of imprisonment is, that debtors may be induced to pay, squalore carceris. The Lords sustained the defence.
Page 193, No. 682.
The electronic version of the text was provided by the Scottish Council of Law Reporting