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A person being pursued for a bloodwit, at the instance both of the procurator-fiscal, and the party wronged, and being fined only for contumacy, this fine was found to belong to the judge alone, and that he might discharge the same after sentence; for the Lords found, That the judge might have tried the fact, although the party compeared not, and might have punished him, and appointed satisfaction to the party hurt; but no trial being taken of the fact, no censure could pass upon the party for the same, so that the pain being for contumacy only, no part thereof could belong to the complainer, who might pursue for damage and interest, notwithstanding of the foresaid sentence.
