A prisoner, who has obtained the benefit of the act of grace, is not liable in jail fees.
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Hugh Macwhinnie having been imprisoned in the jail of Ayr for a debt of L. 49, 16 s. due to John Macfadzen, he applied to the Magistrates for aliment, in terms of the act of grace.
The Magistrates appointed 10 d. a-day to be paid to him by the incarcerating creditor, who having brought the sentence under review by a bill of advocation, the Lord Ordinary remitted the case to the Magistrates, with instructions to limit the aliment to 8 d. per day.
Macwhinnie presented a reclaiming petition against this judgment, in which he stated, inter alia, that he was obliged to pay the jailor 4 d. a-day of fees, so that he would, have only 4 d. remaining for his subsistence, which was altogether inadequate.
The Court expressed, in strong terms, their opinion of the illegality of the jailor's making any charge whatsoever against a prisoner in the petitioner's situation, and refused the petition, upon the ground, that he was not in future to be liable to any such exaction. (See No. 87. p. 11769.)
Lord Ordinary, Balmuto.For the Petitioner, James Fergusson.
Fac. Coll. No. 228. p. 518.
