Scottish Court of Session Decisions

Subject_1 WRONGOUS IMPRISONMENT.

Jean Symonds
v.
The Magistrates of Montrose

1747, Dec. 3.
Case No. No. 9.

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This was a process of oppression wrongous imprisonment and damages for imprisoning the pursuer nine days and then turning her out of town with tuck of drum. Upon advising the proof, it appeared that upon complaints of stealing out of the public malt barn, a search was made in many houses, and among the rest in this woman's house, by Bailie Ross and a town-officer now dead, who found a parcel of concealed barley and two pecks concealed malt. She condescended from whom she got them, but retracted as to the bear, and was contradicted as to the malt. Ross reported to the Magistrates, and the woman was brought before them, who did not contradict the report. Their declarations were taken in writing, but not signed by them as far as appeared to us, and the declarations were not preserved. Upon this she was committed to prison without any written warrant, and was asked if she would depart the town willingly, which she refused; upon which she was turned out as above, but without a written sentence. The chief evidence against the woman was Ross's oath, and Bailie Muirison, both made defenders in the cause. The great difficulty was, that there was no sentence, nor trial, nor writing. But we pretty unanimously sustained the defence.