| Andrew v. Murdoch |
20 Jun 1806
|
Wrongful imprisonment, Due process |
The pursuer raised an action of wrongful imprisonment against the defender, Sheriff-Substitute, and challenged the interlocutor that ordered his incarceration. The pursuer argued that the defender violated the Act of 1701, by not giving a deliverance on the petition for bail within the required time, and also by not admitting the pursuer to bail when he was accused of a bailable offense. The purpose of the act was to protect people from oppressive acts by those entrusted with executive or ministerial authority. |
