Scottish Court of Session Decisions

Subject_1 JURISDICTION.

Thomson, Supervisor of Excise,
v.
Straiton of Laurieston

Date: 19 December 1752
Case No. No. 59.

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Straiton of Laurieston recovered a decreet of the Justices of Peace against Thomson, supervisor, and other officers of Excise, for damages, for having, on a warrant to search broke open his cellars, and seized four hogs-heads of white wine, which were not exciseable, but under the customs, and Avere afterwards condemned in Exchequer for not paying the King's duty, and for certain other irregularities in the seizure. The Excise officers suspended, and alleged that this question could only be tried in Exchequer. Answered, That before the act 9no Geo. II. there might have been some hazard of a collision of jurisdictions, because before that act the manner and lawfulness of the seizure was part of the issue tried in Exchequer; but now the manner of seizing is no part of the issue in that Court, and therefore any injury committed in making the seizure, may be tried in the same way as any other injury. Lord Drummore found the process competent, but on reclaiming bill and answers, we superseded till we might have a conference with the Barons of Exchequer.