Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
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)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010214-017.html
[New search] [Printable PDF version] [Help]
Subject_1 JURISDICTION.
Date: Procurator-Fiscal of the Admiralty-Court
v.
M'Kenzie of Corrie
27 July 1738
Case No.No. 17.
Click here to view a pdf copy of this documet : PDF Copy
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