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Brown v Sheriff of Wigton. [1627] Mor 11695 (24 February 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2811695-019.html
Power, - Duty, - Liability of Magistrates relative to Prisoners.
Brown v. Sheriff of Wigton
Date: 24 February 1627 Case No. No 19.
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A Sheriff that puts a rebel taken by him in the ward and burgh, cannot be pursued for the sum addebted by the rebel, if he escape out of the ward not by the Sheriff's permission.
Fol. Dic. v. 2. p. 169. Auchinleck, MS. p. 212.*** Durie reports this case:
1627. March 2.—In an action, Brown son to Mr William Brown against the Sheriff of Wigton, for payment of a debt owing to the pursuer, because after his debtor was taken by letters of caption by the Sheriff, and put in ward by him in the tolbooth of Wigton, which is the head burgh of the sheriffdom, he escaped, the Lords found no action against the Sheriff of the sheriffdom who had taken the rebel, and put him in prison in the town; because thereafter functus erat officio as to the rebel's escaping out of prison, except he had been actor, or accessory to his escaping.
Act. Cunuinghame.Alt. Belshes.Clerk, Scot.
Durie, p. 284.
