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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hedderwick v Wauch. [1666] 1 Brn 542 (18 July 1666)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Hedderwick
v.
Wauch
18 July 1666 Click here to view a pdf copy of this documet : PDF Copy
The Commissioners for the Borders, upon the verdict of the inquest, that the panel was guilty of reset of theft, having ordained the panel to pay 100 pounds sterling within a short time; and if he should fail, to be sent to Barbadoes, and lose his escheat:—
The Lords found, That by that verdict there did arise to his Majesty the casualty of his escheat; whereof, there being jus quæsitum, the King and his donatar could not be prejudged by a doom which is contrary to law. And that, in such cases of capital crimes, the law having determined the pain, and especially the loss of the escheat, no judge (even the Justice-General,) could moderate or lessen the same.
Page 10.
The electronic version of the text was provided by the Scottish Council of Law Reporting