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John Mitchelson v George Jolly. [1704] 4 Brn 581 (13 June 1704)
URL: http://www.bailii.org/scot/cases/ScotCS/1704/Brn040581-0075.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
John Mitchelson v. George Jolly
Date: 13 June 1704
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John Mitchelson, keeper of the register of hornings and inhibitions, gives in a complaint, bearing, That one George Jolly had yesterday come to his office, and craved a sight of their minute-book, which is patent to all the lieges, and had vitiated, scored, and cancelled an inhibition served in April last against his brother; and that he had detained the person to present him to the Lords; who calling for him, and examining him, he confessed he did it, but said it was through ignorance, because they were going to pay the debt of the inhibition, and so might lawfully score it.
The Lords thought the integrity of the records was of great concern to the people's security, and therefore, on his subscribed confession, fined him in 300 merks, and sent him to prison till he paid it, and aye and while the Lords relieved him; and, by the late Act of Parliament 1701, expressed the cause of his imprisonment in the warrant for his commitment: though his simplicity and ignorance pleaded a mitigation; he supposing that, on his design of payment, he might as lawfully score it as they do protestations at the minute-book of the Session, on production of the suspensions. And, for making up the minute-book, the Lords ordained it to be marked on the margin of the place scored, that it was done by mistake of one George Jolly, who had access to the book, and thought he might lawfully do it; and ordained it to be recorded in the end of the book, with his sentence, that all might see such practices would not go unpunished; and for example and terror to others, the advocates and whole lieges attending were called in to the hearing the sentence pronounced against him: And farther declared, the said minute should be as probative and authentic as if it had never been scored.
