Scottish Court of Session Decisions

The Earl of Galloway obtained in 1868, in an action directed against the burgh of Wigtown, George Nixon, and other parties therein named and designed, a declarator and interdict from the Court of Session giving him the exclusive right of salmon fishing with bag or stake nets in the Bay of Wigtown. In 1877 he presented a petition and complaint to the Court, setting forth that in breach of the interdict the fishing was being carried on by a fisherman named Nixon. It was further stated that Nixon had returned unopened a registered letter sent to him through the post, which, along with other letters, was written by the petitioner's agents to warn him of the illegality of his proceedings, and to ask him to desist. When summoned to appear personally before the Court, Nixon failed to do so. A warrant for his apprehension was then issued, and he was brought before their Lordships of the First Division, when, after counsel had been heard, the following interlocutor was pronounced:—

“The Lords having resumed consideration of the cause, and the respondent George Nixon being placed at the bar in custody, and having admitted by his counsel that he is guilty of the breach of interdict complained of, Find the respondent guilty accordingly, and, in respect thereof, sentence and adjudge him to be imprisoned in the prison of Wigtown for the space of one calendar month, and thereafter to be set at liberty; and ordain him to be incarcerated and detained in the prison of Edinburgh till he can be removed to the prison of Wigtown: Find the respondent liable in the expenses of process, and remit to the Auditor to tax the account thereof and report: And, in respect it is admitted by the respondent that the net complained of has not yet been removed, authorise the petitioner forthwith to remove the same; and decern: Further, authorise execution hereof to pass on a copy hereof certified by the Clerk of Court, and decern ad interim.”