Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

Anderson
v.
Sheriff-Substitute of Kinross

1753, July 19
Case No. No. 19.

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Three Justices of Peace of Kinross, on complaint by the Sheriff-Substitute, (who was also a Justice of Peace, Sheriff-Clerk, and Justice of Peace Clerk) against Anderson for calling him rogue and rascal, fined him L.6 and L.2 of expenses, and ordered him to beg pardon, and banished him from the county during their pleasure, and ordered him to prison till payment of the fine, which he paid; and having afterwards come into the county, they gave warrant to apprehend him, and missing him they apprehended his horse, and published an advertisement prohibiting all within the county to harbour him. In a reduction of this sentence, at advising the proof, the pursuer passed from any personal conclusion against the other Justices, because he thought they did it ignorantly and were misled by the Sheriff-Substitute. I had some difficulty as to reducing the fine, because I thought the calling a Sheriff a rogue a great indignity, and quoted the case 14th November 1679 Town of Kirkaldy, (Dict. No. 98. p. 1984;) but the Court distinguished betwixt indignities done them in their office, and those done them as private men; and reduced the whole sentence, and found the Sheriff liable in damages and expenses; but inflicted no further censure.—3d August, Adhered.