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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Jean Bell v Magistrates of Lochmaben. [1781] Hailes 885 (13 June 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Hailes020885-0561.html
Cite as: [1781] Hailes 885
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[1781] Hailes 885
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRISONER.
Subject_3 Magistrates liable if they do not imprison debtors as soon as delivered to them.
Date: Mrs Jean Bell
v.
Magistrates of Lochmaben
13 June 1781 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VIII. 39; Dict. 11,756.]
President. In England, our law is ridiculed, which allows six days of charge, as giving warning to the debtor, that he may escape or put away his goods; but the Magistrates of Lochmaben have given three days more to the debtor which the law has not given.
Hailes. The messenger, in his execution, used some words misapplied and misunderstood; but the Magistrates received the prisoners, and therefore must account for them.
Kennet. By this conduct of the Magistrates, full time and opportunity were given to the debtors for abstracting their effects.
Kaimes. If Magistrates do not yet understand the law, it is high time that they should be taught it.
On the 13th June 1781, “The Lords repelled the defences, and found expenses due.”
Unanimous.
Act. R. Dalzell. Alt. G. Currie. Reporter, Westhall.
The electronic version of the text was provided by the Scottish Council of Law Reporting