Scottish Court of Session Decisions

Subject_1 PRISONER.
Subject_2 SECT. III.

Act of Grace.

M'Lesly, Petitioner

Date: 23 November 1738
Case No. No 128.

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A prisoner is only entitled to aliment when he is imprisoned for debts arising ex contractu; so the Lords understood the words ‘civil debts’ in the act of Parliament, in opposition to debts arising ex delicto.

And therefore, where a party had, for a gross delinquency in the execution of a caption against his debtor, been decerned in a certain sum in name of damage and expense to the person injured, and ordained to be carried to prison, and there to remain till payment, he was ‘Found not entitled to aliment;’ notwithstanding that this was not a penalty, properly so called, imposed for a crime, but a damage arising ex delicto, for which he was imprisoned.

Kilkerran, (Prisoner.) No 1. p. 430.