Wrongous Imprisonment. - Deforcement. - Oppression and Damages.
Alexander Steel v. Bailie Ramsay
Date: 14 February 1745 Case No. No 36.
Damages being given for oppression, in an action libelled on the statute anent wrongous imprisonment, no expenses were given, in respect the case fell not under the statute.
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Alexander Steel, dyer in Dundee, pursued Bailie John Ramsay for wrongous imprisonment, oppression, and damages. The Lords, 1st February 1745, “Found the proceedings of the Bailie irregular; and in respect of the imprisonment, found him liable in damages to the pursuer, which they taxed to 100 merks Scots, and decerned the defender to pay the same to the pursuer against that day fortnight; and, in case it was not paid, they decerned him to pay the expenses of the extract, as they should be certified by the collector of the clerk's dues at extracting; but found the libel as laid upon, and concluding the penalties of the statute anent wrongous imprisonment, was groundless and vexatious; and therefore found no expenses due, except the expense of extracting, unless payment should be made as aforesaid.” A reclaiming bill was offered and refused.
It was noticed, That libels were always thus laid, though the species facti seldom came up to the case of the statute, which was thought wrong.
The Lords here were of opinion, that the Bailie was only mistaken, in taking care of the police of the town, and the pursuer glad to catch him in a slip.
