Jurisdiction with regard to Ejection. - Improbation. - Contravention. Process of Transference. - Clandestine Marriage.
Marshal v. Blair
Date: 12 March 1622 Case No. No 195.
Inferior judges may proceed in contraventions of small importance, especially where they depend upon acts of law-borrows found in their own courts, and where the pain is small.
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In an action betwixt Marshal and Blair, where Blair being acted in the Bailie-court books of Canongate, for keeping of the King's peace, under pain of 40 pounds; whereupon action of contravention being pursued before the Bailies of the Canongate, for contravening of the act; this action being desired to be advocated, upon this reason, that no inferior judge ought to cognosce in contraventions, and that such actions were not proper to their judicatory; but that the Lords of Session were only competent judges to all such causes;—The Lords remitted the matter to the Bailies of the Canongate, and found, that inferior judges might proceed in contraventions of such small importance, especially where the same depends upon acts of law-borrows found in their own courts, and where the pain is so little.
Act. M'Gill.Alt. Oliphant.Clerk, Scot.
Fol. Dic. v. 1. p. 501. Durie, p. 21.*** Haddington reports this case:
Blair having found caution of law-borrows to Marshal, before the Bailie of the Canongate, under the pain of L. 40, was pursued by the said Marshal, for contravention before the said Bailies. The cause was sought to be advocated; because it was alleged, that no inferior judge may cognosce upon contraventions, especially because the King's Treasurer and Advocate are parties who are not holden to compear before inferior judges; nevertheless the Lords remitted the cause to the Bailies of the Canongate, because the caution was found before them, and the parties were poor, and the pain of law-borrows small.
