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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Black and other Tenants of Gogar's, v Hugh M'Gill of Grange, Bailie of the Regality of Culross. [1706] 5 Brn 36 (19 July 1706)
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Cite as: [1706] 5 Brn 36
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[1706] 5 Brn 36
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, Reported By REPORTED BY WILLIAM FORBES, ADVOCATE.
Date: William Black and other Tenants of Gogar's,
v.
Hugh M'Gill of Grange, Bailie of the Regality of Culross
19 July 1706 Click here to view a pdf copy of this documet : PDF Copy
In the action of reduction and declarator at the instance of William Black and the other tenants of Gogar's, against Hugh M'Gill, bailie of the regality of Culross, for damages the pursuers were put to by a poinding that followed on an unjust decreet of poinding the ground, pronounced by the defender, wherein he repelled this defence, that the heritor was not called;—the pursuer founded his libel on several Acts of Parliament concerning judges' administration of justice, particularly the Act 12. Par. 6. Ja. 2. whereby any officer wilfully trespassing in the ministration of his office of the law, and the same proved against him, shall tine his office year and day, and assyth the party as effeirs ; and by all law, a judge, qui facit litem suam by doing injustice, is liable to the party's damage thereby sustained.
Answered for the Defender,—That such processes against inferior judges for determining wrongously in a point of form are unprecedented, and cannot be sustained : For it is well known that their decreets are daily reduced by the Lords, not only for escapes in some formalities, but also for material iniquity. And the Acts of Parliament concerning the punishment of unjust judges, as the Act 45. Par. 2. J. 1. Act 17. ibid. Act 76. P. 14. J. 2. Act 26. Par. 5. J. 3. and Act 104. Par. 7. J. 5. relate only to such as trespass wilfully and deceitfully, or by refusing to administer justice animo protelandi litem, or by giving partial counsel; none of which can be applied to the defender, who is a man of known probity and integrity, and therefore should not be brought upon the stage for an innocent mistake in such a point of form as is libelled against him.
The Lords assoilyied the Judge.
Page 127.
The electronic version of the text was provided by the Scottish Council of Law Reporting