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Dundas pursued Bell before the Justices of the Peace, for having injured him by a defamatory libel.
Pleaded for Bell in a bill of advocation; Justices of the Peace have no jurisdiction in the crimes of slander and defamation, which must in the first instance be tried before the Commissaries.
Answered for Dundas; The libel contains expressions which import a threatening to break the peace; and besides it reflects on Dundas for words uttered by him at the quarter-sessions held by the Justices of the Peace, who therefore are proper Judges of an injury offered to a member of their court. Even judges of inferior rank and less authority, may punish injuries offered to any of their number, on account of words uttered, or things done, in court; as appears from the decision, 14th November 1679, Magistrates of Kirkcaldy against Dougal, No 98. p. 1984.
“The Lords refused the bill of advocation.”
Reporter, Woodhall.Act. A. Lockhart.Alt. R. Dundas.
Fol. Dic. v. 3. p. 358. Fac. Col. No 1. p. 3.
