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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Procurator-fiscal of Annandale v George Carruthers of holmains. [1705] 5 Brn 23 (7 December 1705)
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Cite as: [1705] 5 Brn 23
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[1705] 5 Brn 23
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported byWILLIAM FORBES,ADVOCATE. Date: The Procurator-fiscal of Annandale
v.
George Carruthers of holmains
7 December 1705 Click here to view a pdf copy of this documet : PDF Copy
The Procurator-fiscal of Annandale, having pursued George Carruthers for 1000 merks, as the fine imposed by the Act 34. Parl. 1. Charles II. for an irregular marriage ; which act was ordained by the Act 12. Sess. 5. Parl. King William, to be put to execution at the instance of the procurator-fiscal of the jurisdiction where the parties guilty should be questioned: and the said defender (whose estate and residence is in the parish of Daltoun, and stewartry of Annandale,) having procured a discharge from the minister of Daltoun, acknowledging his having given satisfaction to the parish ; and a testificate from the kirk-treasurer of Edinburgh, where the marriage was celebrated, bearing receipt of the poors' dues, and a discharge of the pecuniary mulct, for not marrying at the ordinary time in the church :—
The Lords found the fine should be applied to pious uses within the parish, with the burden of the pursuer's expences, to be modified by the Lords ; and found the minister could not discharge; and therefore repelled the defence, upon payment made to him.
Page 50.
The electronic version of the text was provided by the Scottish Council of Law Reporting