Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Sir Robert Gordon
v.
Dunbar of Newton

Date: 13 February 1756

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In this case it was debated, Whether a verdict pronounced by a jury, upon a remit by the Lords to them to set marches, in terms of the Act of James VI, concerning molestations, could be reviewed by the Court of Session?

The President said, that anciently when questions about the property of conterminous grounds were decided by brieves of perambulation, the verdict of the inquest was then final: but the method directed by the statute of James VI. only regarded the possession in which the verdict of the jury might be final: that of late years this practice had been followed in declarators of property, the determination of which depended upon marches; but it has never been the practice to make the inquest final judges in such questions: they did no more than report to the Lords.

Lord Kaimes said, that even anciently nothing was more ordinary than to review the verdict of juries in civilibus; and if it not had been so, there could have been no court of review, because all causes in those days, civil as well as criminal, were tried by juries. This the Lords found, and reversed the verdict of the jury in this case. Dissent. Auchinleck. Prestongrange non liquet.