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Scottish Court of Session Decisions >>
Edward v Sir John Dalrymple and Others. [1738] Mor 3448 (3 June 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0803448-024.html Cite as:
[1738] Mor 3448
Justices of Peace may de plano punish indignities against them in their official capacity, but not such as are merely personal.
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After a meeting of the justices of the peace was over, and when the gentlemen were about to take horse, the woman of the house where they met, used some of them very roughly by most injurious language, whereon the justices returned into the house, proceeded against her de plano, and sent her directly to goal.
In a suspension and reduction of this decree, containing a conclusion of damages, the decree was affirmed, and the defenders assoilzied on this ground, That the expressions were not merely personal to the gentlemen, but to them as in the office of justices of the peace, which was thought very different from what the case might have been, had they been only personal; in which case it would not have been competent jus sibi dicere.
Fol. Dic. v. 3. p. 178. Kilkerran, (Delinquency) No 1. p. 155.
