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Power, - Duty, - Liability of Magistrates relative to Prisoners.
Bonnar v. Foulis
Date: 7 February 1662 Case No. No 36.
Magistrates found liable for the debts of a rebel, incarcerated on act of warding, and set at liberty by them with-cut warrant.
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John Bonnar pursues Robert Foulis to pay the debt of a person incarcerated by act of warding, whom the Bailie set at liberty without warrant. The defender alleged, No process, because the person incarcerated was not called, who might have proponed exceptions against the debt, that it was paid, &c. 2dly, That thereafter the pursuer had taken himself to the incarcerated person, and gotten part of payment from him.
The Lords repelled the defences, and decerned; but because there was a reduction depending of the decreet, whereupon the person was incarcerated, and that he was set at liberty in anno 1659, when there was no judicatory sitting, they superceded extracting for the time, till the reduction was discussed.
