Scottish Court of Session Decisions

Subject_1 PRISONER.
Subject_2 SECT. I.

Power, - Duty, - Liability of Magistrates relative to Prisoners.

Boyd
v.
Moncrieff

Date: 18 June 1608
Case No. No 2.

He who charges a Magistrate to take a rebel, must offer to go foot for foot with him, otherwise the charge is null. See No 7. p. 11689.

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Andrew Boyd pursued Sir John Moncrieff to pay to him the sum of 3000 merks, because he being charged upon letters of caption to take the Laird of Balhousie, and other cautioners for the Laird of Craigie, to the pursuer, had not done the same. It was alleged by Sir John, That the horning used against Sir John was null, because, when he was charged to take them, the officer had not offered to go foot for foot with him; which exception the Lords found relevant. It was then replied by the said Boyd, That the said Sir John had seen the charge, haunted familiarly with the said rebels, and had eaten and drunken with Balhousie, and the rest of them. The Lords reminded of a practick, whereby the Bailies of Kirkcaldy were compelled to pay the rebel's debt, because he had haunted with them after they were charged to take them.

Fol. Dic. v. 2. p. 167. Haddington, MS. No 1467.