Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES FERGUSON OF KILKERRAN.

Robertson
v.
His Majesty's Advocate

Date: 7 July 1758

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This case is reported in the Faculty Collection, (Mor. 11,280.) Lord Kilkerran has the following note upon the point which it involved.

June 28, 1758.—“I incline to think the interruption good, because judgment might then have been given, albeit the pardon had not passed the seals upon production of the warrant, for the same reason that a witness, though socius criminis, will be admitted, having a pardon, on production of the warrant, though it has not passed the seals, as it has often been found; but a new point occurred to the Court, not mentioned in the memorial, that since that act of interruption the prescription was run, and the cause was put off till Friday.

“It was in answer, to the case of a witness, observed by the President, that it does not apply to this case, for that a witness may be admitted whenever his terror is over.”

“July 7, 1758.—Sustained the claim.”