Power, - Duty, - Liability of Magistrates relative to Prisoners.
Thomas Young v. William Livingston
Date: 31 January 1699 Case No. No 59.
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Thomas Young of Rosebank, merchant in Edinburgh, pursues William Livingston, bailie of the regality of Falkirk, for suffering a Highlandman, his debtor, whom he had imprifoned there, to escape, and concludes payment of the debt. Alleged, there was neither dolus, culpa, nor negligence in the case, but he escaped vi majore et casu fortuito; having got in some instruments and tools, he lifted out the stanchel of the window, and escaped thereat. Answered, The prison has not been sufficient, else it had not been so easily broken; 2do, The jailor should suffer no such things to be imported, but should search for them; 3tio, This could not be done without hammers, and much noise, and he ought to have a servant lying in the tolbooth all night; and 11th of February 1671, Will against Kirkcaldy, No. 48, p. 11720, the Lords found them liable for the debt, because they wanted catbands or chains on their doors. Some were for repelling the defence here; but at last it was agreed to take a probation, before answer, anent the condition of the prison, and the manner of the debtor's escape.
Fol. Dic. v. 2. p. 170. Fountainhall, v. 2. p. 39.
