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[1742] 1 Elchies 523
Subject_1 WRONGOUS IMPRISONMENT.
Sinclair
v.
Sir James Sinclair
1742 ,July 1 .
Case No.No. 7.
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The Lords thought that this imprisonment though in privato carcere, the defender's own house, fell within the general words of the act 1701 anent wrongous imprisonment; but found that the statutory penalties were cut off by the triennial prescription mentioned in the act; and found that the pursuer was not thereby barred from recovering his damages through the loss of his limbs by the bad usages during his confinement, which they found proven, and taxed the damages to L.350 sterling. The first part is agreeable to the judgment against the same defender at the instance of Sutherland in 1737. (No. 4.)
The electronic version of the text was provided by the Scottish Council of Law Reporting