Baron courts competent to judge in processes for cutting wood, fishing in close time, and other such delects arising out of penal statutes.
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The Laird of Strowan having taken decreet against Sorlie Cameron his own tenant, in his own Court, for green wood, fish, and other penal statutes, and having fined him for killing of caperkaillies, and for not presenting a cottar of his, for whom he became caution by an act of Court; he suspends on these reasons, that the penalties were exorbitant above the act of Parliament, and that a Baron could not fine for the penal statutes which belonged to the King, and should be pursued in the King's court, that the penalties might be applicable to his Majesty. It was answered, That Barons may proceed to capital punishment, which is much more than the penal statutes, and de consuetudine, time out of mind, determine in penal statutes.
The Lords found the allegeance relevant.
The suspender further alleged upon the act and proclamation, discharging penal statutes. It was answered, That that act could not be extended to Barons, having right privato jure. 2do, It could not extend to the penal statutes decerned before the act.
The Lords found that it did extend to all penal statutes, unless they had taken effect by payment or execution before the act, but found that an act of the Baron court, not subscribed by the cautioner, albeit subscribed by the Judge and clerk, could not prove against him, albeit he could not subscribe, seeing the clerk subscribed not by his warrant. See Proof.
