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Subject_1 JURISDICTION.
Date: Skippers of Irvine
v.
Hamilton
24 July 1742
Case No.No. 27.
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The Lords found, at least agreed, that by the law every Judge-Ordinary may punish the importation of Irish victual by fine and imprisonment.
2do, They found that the act 1703 did not communicate to them the powers given the Council by the act 1672, nor any other powers, except that of transportation of transgressors under the degree of heritors; and of consequence they found the clause and trial within six months extended only to that single case. They also found that this crime was not proveable by oath of party, notwithstanding the clause, to be proven pro ut de jure. They adhered to that part of the interlocutor, finding the trial was limited to six months only with respect to the superadded penalties of transportation; but altered the other part with respect to oath of party, and found that it might be so proven. On a second petition they adhered. (See Dict. No. 70. p. 7335.)
The electronic version of the text was provided by the Scottish Council of Law Reporting