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Scottish Jury Court Reports |
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You are here: BAILII >> Databases >> Scottish Jury Court Reports >> Forbes v. Taylor. [1818] ScotJCR 2_Murray_34 (28 September 1818) URL: http://www.bailii.org/scot/cases/ScotJCR/1818/2_Murray_34.html Cite as: [1818] ScotJCR 2_Murray_34 |
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Page: 34↓
(1818) 2 Murray 34
CASES TRIED IN THE JURY COURT.
ABERDEEN.
No. 6.
PRESENT,
A tenant found to be one year's rent in arrear, and that caution was not given.
Suspension of a charge on a precept of ejection, founded on the Act of Sederunt 1756.
“Whether, at the time the chargers brought a summons of removing against the suspender in February 1817, the suspender was due the chargers a full year's rent of
Page: 35↓
Whether the suspender offered certain persons as cautioners to the chargers, or their agent? and Whether the chargers, or their agent, duly intimated to the suspender, previous to the date of the decree of removing, upon the 9th day of June 1817, that they would not accept of the said persons as cautioners?
Whether, on or about the 2d day of June 1817, the proposed cautioners declined to become cautioners for the suspender, at a communing at Schivas House, in presence of the charger, Mr Forbes, and the suspender himself?”
This case was called on for trial on Monday. On Saturday a minute had been given in, consenting that the Jury, to try it, should then be ballotted, in order that the other Jurors might be relieved from their attendance. On the day of trial, the Court waited for some time, before either counsel or agent for the defender appeared. At last the agent was seen entering the Court; and being called on, stated that he had abandoned his
Page: 36↓
The notice of trial was read from the record, and the minute consenting to the ballot for the Jury, put in evidence. The agent was then called and examined. He stated that he had been agent for the defender, but that he had given up the case three weeks ago; that he had seen the party last night, and explained to him that he would not defend it. Two witnesses were then examined on the facts of the case, and the defender called as a haver, to produce his receipts for rent.
On the first Issue to prove the tenant in arrear, he is called to produce his receipts. These, he states, he put into the hands of a person who is not here to produce them. The second question is, whether he offered caution. A witness has proved that the bond of caution he offered, was conditional; and that the cautioner afterwards withdrew. The third is a sequel to the second; and the evidence
Page: 37↓
“Verdict for the pursuer.”
Counsel: James Gordon, for the Pursuer.
Solicitors: (Agents, P. Irvine, and F. M'Cook, w. s.)
In reference to what had been said on a former day by one of the counsel, as to the hardship of subjecting a party to the great expence and trouble of a trial by Jury, in a case of only a few pounds value,
Counsel, from their anxiety to do enough, have called witness after witness, and treated every case as if it was a cause celebre; but
Page: 38↓
The Jury, the essential part of the institution, has always done its duty, by an honest, upright, and deliberate consideration of the questions brought before them.
