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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Gray v Magistrates of Dumfries. [1780] Hailes 866 (7 December 1780) URL: http://www.bailii.org/scot/cases/ScotCS/1780/Hailes020866-0544.html Cite as: [1780] Hailes 866 |
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[1780] Hailes 866
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRISONER.
Subject_3 Liability of Magistrates for not receiving and incarcerating a Debtor duly presented by a Messenger.
Date: Andrew Gray
v.
Magistrates of Dumfries
7 December 1780 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VIII. 12; Dict. 11,754.]
Covington. I neither like this supposed local law, nor the affected pretences for refusing to incarcerate this man.
President. The moment that the debtor was set at liberty there was a culpa on the one side and a jus qucesitum on the other: the creditor had no farther business to inquire after the debtor.
Hailes. It is said that, although the debtor had been imprisoned, no payment could have been obtained from him, and therefore that the creditor can qualify no damage incurred through the neglect of the magistrates. This is dangerous doctrine. At that rate, whenever any officer of the law fails in apprehending a debtor, there must be a ranking of creditors, for ascertaining whether the creditor suffered damage by the neglect.
On the 7th December 1780, “The Lords found the magistrates liable;” adhering to Lord Braxfield's interlocutor.
Act. John M'Laurin. Alt. A. Crosbie.
The electronic version of the text was provided by the Scottish Council of Law Reporting
