[1763] Mor 359
Subject_1 ADVOCATE.
Date: Lockhart
v.
Goldie
25 February 1763
Case No.No 28.
Advocates are protected by the Court, in the exercise of their office.
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It having been represented to the Court, that yesterday, Alexander Goldie, writer to the signet, used some threatening expressions, and otherwise behaved in an indecent manner to Mr Alexander Lockhart advocate, on account of some expressions used by the said Mr Alexander Lockhart, in pleading in this Court, when a petition for the said Alexander Goldie, against George Goldie, was moved, The Lords ordered the said Alexander Goldie to attend immediately at the bar; and having taken the said Alexander Goldie's declaration thereanent, they pronounced the following sentence:
The Lords having considered the declaration of Alexander Goldie, Writer to the signet, this day emitted, with the letter dictated by him, and sent, by his servant, to Mr Alexander Lockhart advocate, find it proven, That the said Alexander Goldie was yesterday guilty of using threatening expressions to the said Alexander Lockhart, for what was said by him in pleading at the bar of this Court; therefore, they appoint the Lord President, from the chair, to rebuke the said Alexander Goldie, and to exhort him to be more cautious in time coming; and ordain him to find caution, in the hands of the clerk to his petition against his brother, to keep the peace for the space of one year, from and after the date of this sentence, under the penalty of L. 200 Sterling, to be disposed of, if incurred, as the Court shall direct; and ordain the said Alexander Goldie to be carried from the bar, and imprisoned in the tolbooth of Edinburgh, until he find caution as aforesaid; and grant warrant to the magistrates of Edinburgh, and the keeper of their tolbooth, to receive and detain him accordingly; and in respect of the particular circumstances occurring in this case, and that in presence of this Court, the said Alexander Goldie has acknowledged the fact, and has thrown himself upon the mercy of the Court; therefore, they proceed to no higher censure, but ordain this sentence to be insert in the books of sederunt, to the terror of others to commit the like offences in time coming.
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