Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION XI.

Justices of Justices of Peace.
Subject_3 SECT. I.

Jurisdiction of Justices of the Peace.

The Justices of Peace within the Shire of Wigton,
v.
Robert Martin of Mool

Date: 9 November 1710
Case No. No 311.

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Robert Martin of Mool personally cited to appear before the Justices of Peace of the shire of Wigton, the 6th of October 1709, at the quarter session, to answer to a complaint given in against him by James M'Culloch his tenant, for beating and abusing him, and to find caution for keeping the peace in time coming; and not compearing, was again, by warrant of the Justices foresaid, personally cited to the same effect; and, failing to appear upon the second citation, the Justices fined him in L. 50 Scots for his two several contumacies, which decreet he suspended.—The Lords restricted the fine to L. 10 Scots, conform to the limitations and instructions given to inferior judges, albeit there was a double contumacy; in respect the suspender was but once fined; and the Lords seemed to be clear, that a person could not be fined for not finding bail to keep the peace, but only might be committed to prison as in the case of lawburrows.

Fol Dic. v. 1. p. 508. Forbes, p. 440.