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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Kenzie v Blair. [1734] Mor 11809 (24 July 1734) URL: http://www.bailii.org/scot/cases/ScotCS/1734/Mor2811809-125.html |
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Subject_1 PRISONER.
Subject_2 SECT. III. Act of Grace.
Date: M'Kenzie
v.
Blair
24 July 1734
Case No.No 125.
Click here to view a pdf copy of this documet : PDF Copy
In a question about aliment craved by an indigent prisoner from his creditor, it was objected, That he was already sufficiently alimented, by being on the Exchequer charity-roll for L. 15 Sterling yearly. Answered, This is jus tertii as to the creditor, who can plead no jus quæsitum upon that score; and were the prisoner craving to be set at liberty upon a cessio bonorum, it would not include the King's bounty. The defence was repelled. But upon an after-application, 20th November 1734, this interlocutor was altered, and the defence sustained
The electronic version of the text was provided by the Scottish Council of Law Reporting