Scottish Court of Session Decisions

John Crowe, miner, Lochgelly, pursuer, brought an action in the Sheriff Court at Dunfermline against Roy Irvine, lessee of the picture house there, defender, for damages for injuries alleged to have been sustained by his son.

The Sheriff-Substitute having dismissed the action, the pursuer appealed and the First Division of the Court of Session recalled the interlocutor of the Sheriff-Substitute, remitted the case to him for proof, and found the defender liable to the pursuer in the expenses of the appeal. The expenses were taxed at £34, and decree was granted therefor in name of the agent-disburser.

Thereafter on December 1st 1914 the pursuer, having enrolled the case in the Single Bills, applied, as required by the Courts (Emergency Powers) Act 1914 (4 and 5 Geo. V, cap. 78), sec. 1 (1), for leave to proceed with diligence upon the decree for expenses.

Counsel for the defender opposed the motion, and argued—The present was a suitable occasion for applying the Courts (Emergency Powers) Act 1914 (4 and 5 Geo. V, cap. 78), sec. 1 (2), and staying execution. Lochgelly was a mining village whose industry had been severely curtailed by the war, and the defender's business had been in consequence ruined. From the point of view of equity it would be unjust to call upon the defender to pay at the present stage of the case while a proof was depending before the Sheriff-Substitute. A stay of execution of six months would in the circumstances be reasonable. Sections 1 (1), 1 (2), 2 (2) of the Act were referred to, and Act of Sederunt regulating proceedings under that Act of date 28th September 1914.

Argued for the pursuer—The case put by the defender was too vague, in respect that he did not show by what amount his receipts had fallen, and he made no proposal regarding the liquidation of the debt. In any event a suspension of six months was unreasonable.