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Scottish Court of Session Decisions >>
John French v John Bruce. [1753] Mor 1257 (20 February 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Mor0301257-001.html Cite as:
[1753] Mor 1257
A baron bailie who had taken the oaths to government, conform to 20th Geo. II. c. 43. found not obliged to repeat them upon being appointed baron bailie to another.
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John French, procurator-fiscal of the Sheriff court of Aberdeen, exhibited a complaint to the Sheriff Depute against John Bruce, for having acted as Baron Bailie to Leslie of Coburty, without having taken the oaths to the government, and registered a certificate thereof as directed by 20th Geo. II. cap. 43. concluding for the penalty of L. 10.
Bruce answered, He had been formerly appointed Baron Bailie to another gentleman; and as such had taken the oaths, and registered a certificate thereof in the sheriff court books of the same county of Aberdeen, where he did then, and does now reside: And therefore pleaded, he was not liable to the penalty; for that the statute does not require persons to take the oaths, and register a certificate thereof, each time they are appointed Baron Bailies. The Sheriff decreed the penalty of L. 10.
Bruce raised letters of suspension, and pleaded as above.
French insisted, That, by the words of the statute, the Legislature meant to put Baron Bailies upon the same footing, as to taking the oaths, with other judges. A Sheriff-Depute or Justice of Peace, though qualified for one county, must, upon being appointed to another county, take the oaths a second time. Baron Bailies ought therefore to do the like.
The Lords were of opinion, that the statute being a penal law, the words of it ought not to be extended.
‘They suspended the letters simpliciter.’ See Jurisdiction, Baron Court.
Act. Ja. Montgomery.Alt. Lockhart.Clerk, Justice.
Fol. Dic. v. 3. p. 68. Fac. Col. No 67. p. 102.
