Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by LORD KILLKERRAN, ADVOCATE.

Din, Petitioner

Date: 14 July 1752

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David Din in Easter Crinzeat, being imprisoned in the tolbooth of Edinburgh upon a caption, at the instance of William Watson, writer, for payment of L.4 Sterling, was thereafter arrested by warrant of the Lords, upon the petition of James Taylor, feuar in Easter Crinzeat, complaining of the said David's not obeying a sentence of the Lords, inflicting upon him transportation, for the crime of forgery. After which the order was renewed, for the Magistrates of Edinburgh to deliver over the person of the said David Din to any merchant who should become bound to transport him ; and a merchant in Stirling having found caution to transport him, a new order was issued, directed to the magistrates and the petitioner, to deliver over the said David Din to the merchant.

The keeper of the tolbooth having refused to comply, until he was paid of his prison-dues, Din complained; and, upon advising his petition, with the keeper's answers, the Lords “found the keeper not entitled to detain him.”

The Lords' sentence of transportation cannot be disappointed by any private debt: The keeper might as well not allow a criminal to be carried out in order to be whipt.

Kilkerran, p. 432.