Scottish Court of Session Decisions

The Codifying Act of Sederunt (1913), K, ii, 1, enacts that the Clerks of Session shall be entitled to charge the fees specified in the table thereto annexed—

Table of Fees.

“23. Jury Causes:—

(5) Citation of each jury, to include outlays of Sheriff-Clerk in citing and in countermanding, £2 0 0”

James Donaghy, teacher of music, Glasgow, pursuer, brought an action against Gerald M'Gorty, wine and spirit merchant, Glasgow, defender, for £200 damages in respect of personal injuries.

An issue having been approved for the trial of the cause, the Lord Ordinary ( Anderson) on 24th February 1916, on the motion of the defender, appointed the trial to proceed at the sittings in the ensuing Spring vacation, and the case was set down for trial on 20th March 1916.

The last day for fee funding the precept for citing the jury to try the cause was 10th March 1916, but the pursuer failed to fee fund the precept, whereupon the defender lodged a note stating that the defender's agents had received on 13th March 1916 a letter from the pursuer's agents intimating that they had ceased to act for the pursuer, and moving the Court in respect of the pursuer's failure to fee fund the precept and otherwise to proceed, to assoilzie the defender with expenses.

On 17th March 1916 counsel for the defender appeared in the Single Bills, there being no appearance for the pursuer, and moved that the defender should be assoilzied with expenses. Counsel stated that the motion had been intimated to the defender, and cited M'Millan v. North British Railway Company, 1914, 2 S.L.T. 309, and Cullen v. Magistrates of Edinburgh, (1903) 10 S.L.T. 602, and referred to the Codifying Act of Sederunt, (1913) K, ii, 1, Table of Fees 23 (5).