Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 LYON-COURT.

Ann Inch
v.
The Justices of Peace and Constables of Roxburghshire

1762.

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When members of any court are guilty of malversations or excesses, in discharging their duty, the judges by whom they are appointed seem, in prima instantia, the proper judges to try and punish them. This point occurred as to certain constables of Roxburghshire, Winter Session 1762, in executing a warrant of the Justices: they had been charged with abuse and riot; for which, being pursued before the Sheriff, he decerned for damages and expenses.

An appeal being taken to the Circuit, the Lord Minto, thinking the point of importance, certified it to the Court of Session.

An executor who had administered a will in Jamaica, and found caution to account there, was arrested in this country, by an order of the Sheriff, until he should find caution judicio sisti, in consequence of an oath, emitted by a creditor of the defunct, that he believed him to be in meditatione fugæ. The Court set him at liberty, and were of opinion, that, though he was a native of Scotland, no action could lie against him here executorio nomine. And, in an action of oppression and damages, on account of this imprisonment, the action was sustained, and they found him entitled to damages and expenses.

See 11th July 1754, Mrs Burrows against S. Arch. Grant.

By the turnpike Act for the county of Ayr, the trustees are empowered to lay out the roads, &c.; and parties aggrieved are allowed to appeal from their sentences and resolutions to the Justices of Peace at their Quarter Sessions ; “ Every such appeal to be there heard and determined, and the order to be final and conclusive.”

In a reduction of a resolution of said trustees, concerning the way of leading a road from Monkton to St Quivox ; the Lord Monboddo, 22d July 1776, found, “ That, as it did not appear that the trustees had exceeded their powers, the present action was not competent before this Court.” And, on a petition and answers, the Lords adhered.

The Lords thought that the only remedy was by appeal to the Quarter Sessions, and that their order was final. To the Lords there lay no appeal.