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Scottish Court of Session Decisions >>
The Steward of Perth v - . [1683] 3 Brn 483 (12 December 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030483-0723.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 12 December 1683
The Steward of Perth v. -
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A Cause of Steward of the Stewartry of Perth, under my Lord Perth, was reported by the Clerk-register, craving a modification of £100 Scots of fine imposed by him for a petty riot of taking away two pecks of corn; seeing such fines ought not to exceed £50. Answered,—In a former suspension now discussed, where they debated his jurisdiction, this was competent and omitted.
Replied,—Competent and omitted does not hold in suspensions. Duplied, —That does hold, if the craving the abatement of the fine as too exorbitant had not been a libelled reason of suspension in the very letters of suspension, but not insisted on at the debate.
The Lords found he could not crave a rectification or restriction of the fine now.
