Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRISONER.
Subject_3 One in Prison for a fine, damages and expenses, ex delicto, not entitled to the benefit of the Act of Grace.

Katharine Tailor
v.
William Wright

Date: 24 February 1768

Click here to view a pdf copy of this documet : PDF Copy

[Faculty Collection, IV, p. 129; Kaimes's Select Decis. p. 334; Dict. 11,813.]

Monboddo. This case is well stated, and determined by Voet against the pursuer.

Kennet. Will's case cannot aid the pursuer; for part of Will's sentence was to ask pardon at the church door, which he could never do, so long as he remained in prison.

Justice-Clerk. The case of Malloch is strong: there the king's pardon was found not to give the benefit of a cessio to those who were committed to prison for payment of damages arising from delicts.

Gardenston. The aliment is only by statute; and there is nothing in the statute which makes creditors liable to aliment persons in the condition of Katharine Tailor, imprisoned for damages the consequence of a delict.

Coalston. Were it not for the train of decisions, I should have had doubts as to the interpretation of the statute.

Pitfour. The question is, Whether this damage arose from a crime or from a fault, levis or levissima? If from a fault, Whether that fault is to be considered as a crime quoad its consequences?

On the 24th February 1768, The Lords found Katharine Tailor not entitled to the Act of Grace, adhering to the interlocutor of Lord Kennet.

Act. A. Murray. Alt. A. Rolland.