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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Procurator-Fiscal of the Admiralty-Court v M'Kenzie of Corrie. [1738] 1 Elchies 214 (27 July 1738)
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Cite as: [1738] 1 Elchies 214
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[1738] 1 Elchies 214
Subject_1 JURISDICTION.
Date: Procurator-Fiscal of the Admiralty-Court
v.
M'Kenzie of Corrie
27 July 1738
Case No.No. 16.
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The question, Whether the Judge-Admiral could try this without a Jury was first stirred by Arniston, who still thought he could not? but it carried otherwise by a great majority, since it could not infer limb or fame.—21st July. Vide 26th July.
On advising the proof betwixt the parties concerning oppression in seizing and carrying of nets and herrings, the question occurred, Whether testes singulares upon different acts of oppression could be conjoined to make a complete proof, since here (except in one fact) there were not two concurring witnesses on any of them? and the Lords by a good majority sustained the proof. Arniston (inter alios) renit. because he said he did not think this a generic crime;—and on the 27th we found the letters orderly proceeded.—(26th July.)
The electronic version of the text was provided by the Scottish Council of Law Reporting