Scottish Court of Session Decisions

Subject_1 MESSENGER.

Archer
v.
Law

Date: 18 June 1791
Case No. No 14.

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A messenger being employed to execute a caption against a brewer, whose residence was within the precincts of the Abbey, but who was not bankrupt, conceiving, that the debtor nevertheless enjoyed the benefit of the sanctuary, bethought himself of a device to bring him out of it, which was by writing a false citation at the instance of a fictitious creditor, summoning him to appear, on a certain day, before the Justices of Peace, which the debtor having accordingly obeyed, was apprehended by the messenger, and put in prison on a Saturday evening, where he remained till Monday. In a summary complaint, the Lords were of opinion, That the device used by the messenger was illegal, and a prostitution of his office, and they found him liable in damages and expenses.

Fol. Dic. v. 4. p. 2.