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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v Williamson. [1642] Mor 14714 (24 January 1642)
URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor3314714-113.html
Cite as: [1642] Mor 14714

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[1642] Mor 14714      

Subject_1 SOLIDUM ET PRO RATA.
Subject_2 SECT. XVIII.

Magistrates who allow a Prisoner to Escape.

Smith
v.
Williamson

Date: 24 January 1642
Case No. No. 113.

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One of the Magistrates of a town, who himself, upon the creditor's charging, had imprisoned a rebel, being dead after the rebel's escape out of prison, the Lords sustained action against the other Magistrates surviving, conjunctly and severally, and that without any necessity of pursuing the representatives of the deceased.

Fol. Dic. v. 2. p. 386. Durie.

*** This case is No. 33. p. 11705. voce Prisoner.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor3314714-113.html