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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Purdie, Crum, and Company v The Magistrates and Town-Council of Montrose. [1786] Hailes 997 (29 June 1786) URL: http://www.bailii.org/scot/cases/ScotCS/1786/Hailes020997-0666.html Cite as: [1786] Hailes 997 |
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[1786] Hailes 997
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRISONER.
Subject_3 Act of Sederunt, 11th February 1671. Magistrates of a Burgh found liable for the escape of a Prisoner.
Date: Purdie, Crum, and Company
v.
The Magistrates and Town-Council of Montrose
29 June 1786 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 440; Dict. 11,757.]
Justice-clerk. The principle of the interloctor is erroneous, for it supposes that, if a prison is not worse now than it was formerly, the Magistrates are not liable for the escape of a prisoner: this implies that the present Magistrates are permitted to be as careless as their predecessors were.
Monboddo. The jailor omitted to secure the principal door: he was guilty of negligence, and the Magistrates are liable for it.
President. A man has not the choice of the prison to which he must convey his debtor, and therefore particular diligence is required from Magistrates.
On the 29th June 1786, “The Lords found the Magistrates and Town-Council liable, and found expenses due;” altering the interlocutor of Lord Henderland.
Act. W. Bailey. Alt. H. Erskine.
The electronic version of the text was provided by the Scottish Council of Law Reporting
