Scottish Court of Session Decisions

Subject_1 JURISDICTION.

Scott of Brotherton
v.
Fullerton of Galary, &c

Date: 16 July 1746
Case No. No. 35.

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Though the Session when they decree ad factum præstandum may ordain the defenders to perform under a penalty, yet many of the Lords thought we could not appoint penalties for future transgressions of the law other than what the law has appointed; and therefore, though we ordered Brotherton to alter his cruives and cruive-dike, in terms of our interlocutor, under L.50 penalty, yet we refused to appoint penalties for future transgressions. Yet afterwards we altered, and found that proper penalties ought to be appointed also for these, and remitted to the Ordinary to hear parties what these penalties should be. (See Dict. No. 11. p. 14264.)

*** And we found that even a Baron Bailie had that power, and therefore the Bailie having fined one for cutting wood, and ordered him to find caution not to molest the pursuer, or cut any more of his woods in that place under the penalty of L.100 Scots, we refused a suspension of the decree.—9th July 1746, Minister of Luss against Colquhoun.