Robert Syme, Writer to the Signet, v. James Steel, Merchant in Edinburgh
Date: 10 August 1765 Case No. No. 19.
A process with penal conclusions against a bankrupt, at the instance of his creditors, must proceed with concourse of his Majesty's advocate, and by summary application.
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Robert Syme, writer to the signet, as trustee for the creditors of James Steel, merchant in Edinburgh, insisted in a summons against him, narrating various acts of fraudulent bankruptcy, and concluding, That Steel should be declared infamous, incapable of public office, and otherwise punished, as also for £.50 Sterling of damages.
Steel objected, That the action was absurd and incompetent; because, 1st, It contained very severe penal conclusions, and yet wanted the concourse of the King's Advocate, who alone had a title to insist ad vindictam publicam; 2dly, The accusation ought to have been brought before the whole Lords by a complaint, and not before a single Judge by an ordinary action.
Syme answered, That several such processes had been sustained; however, to prevent any doubt, he offered to amend his libel, by obtaining and adding the concourse of the King's advocate.
The Lord Ordinary allowed Syme to condescend on precedents, which he having failed to do, his Lordship took the cause to report; and the Court was of opinion, that the accusation could only be brought before the Inner-House by a complaint; that the King's advocate was the only proper party to insist for such penal conclusions; and that it was absurd to amend a libel by adding the name of the proper prosecutor; therefore
The process was dismissed.
See Title to Pursue.
Act. Geo. Cockburn.Alt. M'Laurin.Reporter, Alemoor.Clerk.
Fol. Dic. v. 4. P. 311. Fac. Coll. No. 28. p. 50.
