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Scottish Court of Session Decisions >>
Bailie v Lord Torphichan. [1612] Mor 7490 (10 January 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1807490-204.html Cite as:
[1612] Mor 7490
It was found, that a Baron could fine to the extent of L. 50.
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In an action of spulzie pursued by John Bailie of Braidshaw contra my Lord Torphichan, for spulziation of a horse pertaining to the said John, which was in the possession of James Bailie his brother, the Lords found, That it is lawful to a Baron or his Bailie to take any person that commits riot, blood, or oppression upon any of his tenants, by himself, without warrant from the Lords or Council, at any time before his going forth of the barony, and thereafter assoilzied my Lord frae the said spulziation of the horse, and profits claimed; because it was lawful to take the said James Bailie, who, four days before, had pursued a tenant of my Lord's, and strucken him through the body with a lance with his horse.
Item, in the same cause it was found, That a Baron could impone an unlaw of L. 50.
Fol. Dic. v. 1. p. 501. Kerse, MS. fol. 170.
*** See Nicolson and Haddington's reports of this case, No 16. p. 4797. voce Forum Competens.
