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Cite as: [1776] Mor 18_7
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[1776] Mor 7
Subject_1 PART I. JURISDICTION.
Date: Duke of Gordon
v.
Sir James Grant
10 August 1776
Case No.No. 3.
The Court enacted penalties to enforce the statutable regulations respecting salmon fishing.
See No. 98. p. 7384.
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The Duke of Gordon brought an action against Sir James Grant, heritor of a superior part of the river Spey, for contravention of the regulations enacted in the statues regarding salmon fishing, and craving that the court should ordain observance of them under penalties.
The defender contended, that as the law has imposed no penalty for contravening these regulations, the Court can impose none, and that it is only competent to sue for damages: That although the Court had interfered to enact penalties in former instances, yet in the case of Carnegie against Scott, 80th June 1768, No. 84. p. 7352, the decision of the Court of Session had been reversed.
The Court held, that the reversal of then judgment in the case of Scott had proceeded in consequence of a compromise, and that it was proper and necessary to enforce the regulations by penalties, which they according did.
The electronic version of the text was provided by the Scottish Council of Law Reporting