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John Hay v Sheriff of Kincardine. [1630] Mor 11701 (14 July 1630)
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[1630] Mor 11701
Power, - Duty, - Liability of Magistrates relative to Prisoners.
John Hay v. Sheriff of Kincardine
Date: 14 July 1630 Case No. No 29.
A charge, given to a Magistrate to take a rebel, is good for a year and a day.
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The Earl of Marischall, Sheriff of Kincardine, being charged to take James Keith, at the instance of John Hay, burgess of Aberdeen, in anno 1629, and for not obeying, the Sheriff is pursued for the sum, 2d July 1630. It was alleged for the Sheriff, That he was willing to have taken the rebel, but the pursuer offered not to go with him to shew where he was; likeas, yet he has content to take a day for taking and putting him cum omni causa. To which it was replied, That the pursuer offers him to prove, that diverse times the rebel was in the Sheriff's house since the charge, and in his company; he might have taken him, and that within a year after the charge; neither was it reason now, after so long a space, the Sheriff should offer to present the rebel; which offer the Lords repelled, and admitted the reply to the probation of the pursuer. But this was so controverted, that it was delayed to be reasoned again, and further heard.
Fol. Dic. v. 2. p. 167. Auchinleck, MS. p. 23.
*** Durie's and Spottiswood's reports of this case are No 15. p. 7792. voce Jus Terth.
