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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Justices of Peace of Fifeshire, Petitiners [1753] 2 Elchies 307 (11 December 1753) URL: http://www.bailii.org/scot/cases/ScotCS/1753/Elchies020307-062.html |
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Subject_1 JURISDICTION.
Date: Justices of Peace of Fifeshire, Petitiners
11 December 1753
Case No.No. 62.
Click here to view a pdf copy of this documet : PDF Copy
A petition was presented to us in the name of ten or eleven Justices of Peace of Fifeshire, showing, that they had convened before them two Excise-officers, who had broke into General Sinclair's house, and justified what
they did by the pretence of a commission to two of them to act as officers of the Customs, and a writ of assistance from the Exchequer; that a writ of certiorari from the Exchequer had been served on these Justices to remove that process into the Court of Exchequer; that they having thereafter fined the defenders and committed them to prison till payment, the Court of Exchequer had issued an order to the keeper of the prison to set them at liberty; and praying relief. As we had no jurisdiction over the Exchequer, we thought that we could not receive this petition. Vide the proceedings upon it. (Notes.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
