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Scottish Court of Session Decisions >>
Innes v Grant. [1623] Mor 7543 (11 January 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor1807543-258.html Cite as:
[1623] Mor 7543
A Baron Court may be held for blood at any place of the barony, as well as at the head court place.
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Grant suspends an act of outlaw for not compearing in a regality court, holden by Innes of Coitts, bailie of Spynzie; ratio, The act bears them not to have been summoned to compear at King Edward, and they compeared at the Jewel-house in the kirk of Elgin, which has been the court-place past memory of man. Answered, The act is given at Kirk Edward, and bears the suspender to be summoned that day, and offers to prove he was summoned to King Edward; and albeit the Jewel-house be the head Court-place, yet courts for blood may be holden in any part by the bailie, within the lands and barony where the blood was committed, and he has been in use to hold courts at King Edward; admits the answer.
Clerk, Durie.
Fol. Dic. v. 1. p. 503. Nicolson, MS. No 212. p. 151.*** Haddington reports this case:
Alexander Innes, bailie of the regality of Spynzie, having unlawed certain tenants of lands holden of the regality, tenants to Robert Dunbar of Burgie, in September last, for not compearance to pass upon an assize, in trial of a blood committed; the tenants and their master suspended, alleging That the act was null, because the court was not holden in the Jewel-house of Elgin, which was the ordinary place of holding of courts, and that they could not be compelled to compear in any other place than the ordinary place, to pass upon a blood, but in a court to be holden in their own barony. The Lords, in that cause, found, That being cited to a particular place of the barony, where the blood was committed, or where the defender dwelt, it was sufficient that criminal courts, and for blood, might be kept in feriat time, and that those who dwelt near to the place where the court was kept, albeit not within that same barony, might be unlawed for their disobedience. But if these courts were to be kept in a place far distant from their dwelling, the Lords appeared not to think that they could be vexed, if there were sufficient number of inhabitants of the regality dwelling more ewest and commodiously, to serve in the said courts.
