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Gray v Mellis. [1615] Mor 11689 (12 January 1615)
URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor2811689-006.html Cite as:
[1615] Mor 11689
Power, - Duty, - Liability of Magistrates relative to Prisoners.
Gray v. Mellis
Date: 12 January 1615 Case No. No 6.
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In an action betwixt George Gray and Constantine Mellis, Bailie of Perth, for letting off William Grant furth of ward, the Lords found, that one of the Bailies could not be convened for suffering the party to go furth of ward, except the hail Bailies and Council were summoned; but found that part of the libel relevant, which bore, that he was put to liberty at the command of the said Bailie propter suam culpam.
Item, in this same cause, the Lords sustained that, three years together after Grant past furth of ward, he remained in Perth, having his dwelling-house, and openly repaired to kirk and market during the whole time, if the pursuer would have challenged, he would have re-entered him cum omni cauta, but by the pursuer's fault he is not entered, because, after the delay of three years, Grant became non solvendo, and fled out of the country.
