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Scottish Court of Session Decisions >>
John Will v The Town of Kirkcaldy. [1671] Mor 11720 (11 February 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor2811720-048.html Cite as:
[1671] Mor 11720
Power, - Duty, - Liability of Magistrates relative to Prisoners.
John Will v. The Town of Kirkcaldy
Date: 11 February 1671 Case No. No 48.
Magistrates found liable, there being no catbands on the outside of the prison door, nor outward chains locked.
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John Will pursues the Magistrates of Kirkcaldy, for paying the debt of a person incarcerated in their tolbooth, who was letten escape by them. It was alleged for the Town, That the person incarcerated had escaped vi majore, and that they had not failed in their duty, having had a sufficient tolbooth, having four doors, and the inmost an iron door, and that all being locked, the person incarcerated having gotten secretly conveyed in some mason or wrights tools, had in the night broken all the locks, and escaped. It was answered, That the defence was not relevant, neither had the Magistrates done their duty and diligence, for they ought to have had chains and catbands upon the outer sides of the doors, with locks thereon, unto which the incarcerated person could not reach, and it was alike how many doors they had upon the Tolbooth with their locks inward, for the same means that would break up one, would break up twenty, and if such a pretence should liberate the Magistrates, it were an easy way to elide all captions, and let all person for debt free. It was answered for the Town, That the having of catbands without, closed and locked, was not the custom of their tolbooth, who past all memory did never lock the outward chains but upon malefactors, and such is the custom of Edinburgh and other burghs of Scotland.
The Lords having, before answer, ordained witnesses to be examined on both parts, anent the condition of the tolbooth, and finding thereby, that there was no catbands or outward chains locked when the prisoner escaped, they found the Magistrates had not done their duty, and so decerned against them.
