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.

Archibald Stewart
v.
Bogle & Matthie

Date: 30 January 1663
Case No. No 211.

A fine for L. 200 Scots pronounced by a bailie of regality was sustained.

Click here to view a pdf copy of this documet : PDF Copy

Bogle and Matthie being convened before Archibald Stewart, as bailie of the regality of Glasgow, for a wrong committed upon two other persons in the kirk upon the sabbath, thrusting in upon them in a seat, and beating them; they were therefore amerciated in L. 200, half to the party, and half to the fiscal. It was alleged the fine was exorbitant, and that inferior courts could not amerciate above L. 10, as it had been found by several decisions. It was answered, That this Court being a regality, and the fact so atrocious, the fine was very competent.

The Lords sustained the decreet.

Fol. Dic. v. 1. p. 501. Stair, v. 1. p. 165.