Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Gray v Robert Aitken. [1790] Hailes 1083 (27 May 1790)
URL: http://www.bailii.org/scot/cases/ScotCS/1790/Hailes021083-0735.html
Cite as: [1790] Hailes 1083
[New search] [Printable PDF version] [Help]
[1790] Hailes 1083
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRISONER - ACT 1695, C. 32.
Subject_3 A person, to whom a Cessio Bonorum had been refused, admitted to the benefit of the Act of Grace.
Date: William Gray
v.
Robert Aitken
27 May 1790 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. X. 263; Dict. 11,819.]
Justice-Clerk. A man imprisoned for a civil debt must be alimented by his creditors. The law will not suffer any person to starve. When a man is imprisoned for a crime, the public, not the private party, must aliment.
Eskgrove. The question is not between the party and the creditor, but between the public and the creditor.
President. The proceedings before the Sheriff were rather summary, and not altogether legal.
On the 27th May 1790, “The Lords found aliment due, [adhering to the interlocutor of Lord Stonefield] and modified the aliment to 6d per diem, free of jailor's fees.
Act, Wemyss. Alt. Allan M'Conochie.
The electronic version of the text was provided by the Scottish Council of Law Reporting