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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archer v Law. [1791] Mor 8894 (18 June 1791) URL: http://www.bailii.org/scot/cases/ScotCS/1791/Mor218894-014.html |
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Subject_1 MESSENGER.
Date: Archer
v.
Law
18 June 1791
Case No.No 14.
Click here to view a pdf copy of this documet : PDF Copy
A messenger being employed to execute a caption against a brewer, whose residence was within the precincts of the Abbey, but who was not bankrupt, conceiving, that the debtor nevertheless enjoyed the benefit of the sanctuary, bethought himself of a device to bring him out of it, which was by writing a false citation at the instance of a fictitious creditor, summoning him to appear, on a certain day, before the Justices of Peace, which the debtor having accordingly obeyed, was apprehended by the messenger, and put in prison on a Saturday evening, where he remained till Monday. In a summary complaint, the Lords were of opinion, That the device used by the messenger was illegal, and a prostitution of his office, and they found him liable in damages and expenses.
The electronic version of the text was provided by the Scottish Council of Law Reporting