Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION XI.

Justices of Peace.
Subject_3 SECT. I.

Jurisdiction of Justices of the Peace.

Mr John Paterson Collector of Excise within the Shire of Perth,
v.
Sir James Ramsay Eanff and Others

Date: 25 January 1710
Case No. No 310.

Sentences of Justices of Peace in matters of excise, found not liable to review.

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Sir James Ramsay, David Campbell of Kotheck, and James Ogilvie, having granted bond for L. 70 Sterling, contained in two decreets obtained by Mr John Paterson against Mr John Ogilvie, brewer in Cupar of Angus, before the Justices of Peace in Perthshire, one for L. 50 for his keeping a concealed store-house, and the other for L. 20, for refusing access to a gauger to search his cellars and storehouse; the granters of the bond raised a suspension and reduction thereof, and of the said decreets, upon nullities and informalities. —The Lords, considering that the sentences of Justices of Peace in matters of excise are by statute final, and not subject to the review of any other judicature, declined to judge whether the decreets were formal or not; but found the letters orderly proceeded, except as to the penalty, which they suspended; and further, superseded extracting of their own decreet for a certain time, that the suspenders might apply to the next quarter sessions of the said Justices of Peace for redress.

Fol. Dic. v. 1. p. 508. Forbes, p. 389.