Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION V.

Inferior-Courts.
Subject_3 SECT. II.

To what extent Inferior Judges can Fine.

L Boquhen
v.
L Clunie.

Date: 16 March 1622
Case No. No 206.

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In an action of suspension pursued by L. Boquhen contra L. Clunie, for suspending of a decreet given by L. Clunie against Boquhen, for his unlaws for absence from the head-courts holden by Clunie, as Bailie-depute of the bishoprick of Aberdeen, which unlaws for absence from ilk court, were decerned each unlaw to L. 40; the Lords found, That the unlaw for absence from any Baron's head-court, should not exceed L. 10; therefore modified ilk unlaw in the sentence to L. 10.

Act. Baird. Alt. Lawtie. Clerk, Gibson. Fol. Dic. v. 1. p. 501. Durie, p. 22. *** Haddington reports this case:

In a suspension raised by the Laird of Boquhen of a charge used against him by Clunie Gordon, for unlaws for not compearing at the Bishop of Aberdeen's head-courts, before Clunie the Bishop's Bailie; the Lords found, That the unlaw of a Baron's court should not exceed L. 10; and that the vassals could not be unlawed, unless the head-courts had been kept at the ordinary days usually observed; and if the Lord or Bishop changed these days, the vassal should be particularly warned to the court.

Haddington, MS. No 2614.