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.

Maxwell
v.
M'Arthur

Date: 16 December 1775

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In cases of petty riots, where an inferior Judge judges without a Jury, suspension is competent before the Session. So the Lords thought.

Adhered to in a reclaiming bill without answers, 18th January 1776. (See Form of Process.) The sentence was imprisonment, banishment from Gorbals, and whipping if they returned.

By the Jurisdiction Act, all jurisdictions competent to royal burghs are saved to the burgh. It has been doubted whether this relates only to such jurisdictions as are ascertained to the burgh by the charter of erection, or to such also as are acquired by them tanquam quilibet. The Lords, in the case of the Gorbals of Glasgow, the Justiciary whereof had been purchased by the Town of Glasgow from Douglas of Blackerston, found that it comprehended the latter, 16th December 1775, Procurator-Fiscal of Gorbals against Macarthur and Spouse; adhered to 18th January 1776, on a reclaiming bill without answers.