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.
William Morison, The Decisions of the Court of Session (1811), pg. App. 1, No. 3, 5