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John Robertson, Portioner of Meiklegovan, v The Judge and Fiscal of the Regality of Glasgow. [1694] 4 Brn 199 (24 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040199-0447.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Robertson, Portioner of Meiklegovan, v. The Judge and Fiscal of the Regality of Glasgow
Date: 24 July 1694
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Mersington reported a bill of suspension, John Robertson, portioner of Meiklegovan, against the Judge and Fiscal of the regality of Glasgow, for an exorbitant fine of £4 sterling, for a staff found beside him, said to be stolen, and £3 sterling of expenses, and £200 Scots to their fiscal; in regard, he said, if they found the said staff beside him, he was content to be condemned in the whole libel; and that the pursuer had given his juramentum in litem.
But the Lords thought this procedure too arbitrary, for finding only the res furtiva beside him; and therefore passed the bill of suspension.