Scottish Court of Session Decisions

Subject_1 JURISDICTION.

Margaret Semple
v.
Elspeth Marshall

1752, Feb. 19.
Case No. No. 58.

Click here to view a pdf copy of this documet : PDF Copy

Marshall sued Semple for coming into her house, and without provocation, beating and abusing her, and concluded for a fine, and to be otherwise punished. The Sheriff of Edinburgh found the libel relevant, and examined one witness, the pursuer's daughter,—when the cause was advocated. Dun remitted the cause, and Semple reclaimed, for that, 1st, there was no warrant for the citation to the Sheriff Court; 2dly, it being libelled by way of hamesucken and punishment besides the fine concluded that might go very deep, and could only be tried” by a Jury; 3dly, that the daughter was an inhabile witness. But we adhered. We found indeed the Sheriff's proceedings irregular; but now the process was by the defender brought to this Court, and no new citation was necessary, therefore thought the Sheriff proper to remit to. Magistrates of burghs and Justices of Peace, as well as Sheriffs, try all manner of riots without Jury, when the punishment goes even the length of whipping, correction-house, or banishment out of the jurisdiction; and the place made the daughter a necessary witness.