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1803–1806
Wrongful imprisonmentDue 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.

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