You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Stark v Burnet. [1748] Mor 3442 (29 July 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor0803442-016.html Cite as:
[1748] Mor 3442
Forgery does not fall under the act 1701 as to the time for trial and bail.
Click here to view a pdf copy of this documet : PDF Copy
William Burnet prisoner in the tolbooth of Edinburgh, at the instance of James Stark, for the crime of forgery, having used letters of intimation in terms of the act 1701, the complainer applied by petition, craving, “That not-withstanding said letters, he might be ordained to appear and take his trial against the —— day of November next, and for that effect be detained in ‘prison.” The Lords ‘granted the desire of the petition, unless he should find bail for L. 50 Sterling for his appearance.’
That forgery does not fall under the act 1701 as to the time limited for commencing and finishing trial is certain, that being what the forms and time of sitting of the Court could not permit; and, as to bail, though forgery is in some cases capital, yet that depends on circumstances; for, in many cases, it amounts not to a capital punishment: Therefore, as it is of an ambiguous nature, bail is generally admitted, and rarely opposed, but is made higher or lower according to circumstances.
Fol. Dic. v. 3. p. 177. Kilkerran, (Delinquency.) No 12. p. 161.
