Subject_1 FORUM COMPETENS. Subject_2 DIVISION. II.
Forum Competens Ratione Domicilii.
Baron of Brughton v. Kincaid
Date: 9 January 1629 Case No. No 6.
An action for slaughter pursued before a baroncourt, altho’ committed by a person residing within the barony, found to be incompetent.
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Kincaid of Warriston being pursued before the Baron-bailie for slaughter, and he having advocated the pursuit to the Lords, desiring that in respect of the ignorance of the Baron-Bailie, and the consequences of the matter, viz a pursuit for his life, that the same should be remitted to the Justice-General, or else that the Lords would adjoin to the Baron-Bailie some of their number, or some others of skill and knowledge, the Lords, in respect the matter was criminal, thought that they could not judge thereon, but they assigned a day to the defender to supplicate the Lords of Secret Council in the matter; and in the mean time ordained the Baron-Bailie to cease, while the Council's pleasure were therein known; and if betwixt and the said day nothing should be shown by the defender to the Lords, concerning the Secret Council's proceeding therein, then they would return to the process, and do justice anent the remitting to the Justice-General, or to the Baron, the matter as appertains, and as any of the parties should crave process that day. See Jurisdiction.
Act. Primrose.Alt. CraigClerk, Gibson.
Durie, p. 413.
