United Kingdom House of Lords Decisions

The defence stated by the magistrates was, that the responsibility, in such cases, only attached where the escape implies culpa on their part, as for example, an escape effected through the negligence or connivance of the jailor; but here there had always been the utmost vigilance and care bestowed in keeping the prisoner. There was no laxity in watching; and the prison was in all cases sufficient and strong, so as to make the escape appear to many almost miraculous.

May 28, 1803.

June 17, 1803.

July 2, ——

The Court found the magistrates conjunctly and severally liable in payment of the principal sum and interest libelled. And, on reclaiming petition, they adhered.

Against these interlocutors the present appeal was brought to the House of Lords.

Pleaded for the Appellants.—Although by the law of Scotland, it is required that prisons shall be secure and sufficient, yet it understands this sufficiency in a qualified sense, and not to cover forces and powerful instruments, as in this case were irresistibly used. It does not require that the magistrates shall provide guards around the prison wall all night, nor that the jailor should watch at the prisoner's door night and day. It does not require the prison of debtors to be like a felon's cell, shut up with close barred boards, in fetters and chains. Nothing of all this it understands. So that, before the magistrates can be held responsible, it must be made out that the jailor was negligent of his duty, or that the prison was insufficient for the purpose of safe custody. Here neither the one nor the other is proved to have been the cause. The jailor was vigilant. The prison was strong. And the only efficient cause or agent was the mechanical instruments that were applied.

Pleaded for the Respondent.—The magistrates are the keepers of the prison, as delegates of the crown. They are bound to have the prison sufficient; and to keep the prisoners securely. This duty is not imposed without a valuable consideration. They receive value in the privileges which the burgh enjoys. And the reddendo of their charter, by which the burgh holds of the crown, binds the vassal to “watch and ward.” But, in point of fact, the prison here was insufficient. It was too low in the roof; the joisting and floor above were accessible to his operations. It was not arched; nor was there a ceiling, which would have prevented his operations from being carried on quietly. The joists were weak, and of fir deal; and the door on the stair

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