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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fergusson v The Procurator-fiscal of Carric. [1738] Mor 3432 (8 November 1738)
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Cite as: [1738] Mor 3432

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[1738] Mor 3432      
Subject_1 DELINQUENCY.
Subject_2 SECT. III.

In what cases a Procurator Fiscal may Prosecute without Concourse of the Private Party.

Fergusson
 v.
The Procurator-fiscal of Carric

Date: 8 November 1738
Case No. No 4.

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Although a libel, at a Fiscal's instance, upon a crime of a public nature, was only for his interest, without bearing for himself and his interest, he was allowed to carry on the process, notwithstanding the disclamation of the private party.

 Kilkerran, (Delinquency) No 3. p. 156.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0803432-004.html