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The Chirurgeons and Apothecaries of Glasgow v Andrew Reid Chirurgeon there. [1701] Mor 12193 (17 December 1701)
URL: http://www.bailii.org/scot/cases/ScotCS/1701/Mor2912193-340.html Cite as:
[1701] Mor 12193
The Chirurgeons and Apothecaries of Glasgow v. Andrew Reid Chirurgeon there
Date: 17 December 1701 Case No. No 340.
A decree of suspension was not found to be in foro, tho' there was appearance for the suspender and the suspension produced, but no debate, and tho' the suspender craved something to be done, not dipping in the cause.
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King James VI. by his gift in 1599, erects the Chirurgeons of Glasgow into a corporation or faculty, with sundry privileges, and particularly to visit all drugs, to examine and try entrants, and, if qualified, to admit them, and to fine any contumacious practisers of medicine or pharmacy. By an act of this fraternity it is declared, no man shall be admitted, unless he have either served his apprenticeship with a freeman-master, or else have married a freeman's daughter. Andrew reid having come from Irelend, and set up at Glasgow, they fine him in L. 120 for three several contraventions and encroachments: He suspends, and at calling, his advocate produces his suspension, but the chargers do not then insist; whereon he gives in a bill to the Lords, representing, that the chargers drew back, therefore craved the Lords would aurthorise him medio tempore durihg the dependence to exerce his employment; which bill the Lords refusing, the decreet of suspension was extracted; and he being of new charged thereon, suspends again; at the discussing whereof, it was alleged for the chargers, that it was a decreet in foro contradictorio, and so he could not be reponed to his reasons, viz. that he was willing to undergo a trial, and, if insufficient, to be rejected. Answered, There was no defence nor debate made for him in all the decreet, and so it could not be called in foro. Replied, His advocate compears, and produces the suspension; 2do, He gives in a bill to the Lords. Duplied, That by the act of regulations ratified in Parliament 1672, no decreet is to be reputed in foro, but where compearance is made for the party, and defencees proponed; but here there is no sort of defence proponed, but allenarly the suspension produced, without saying any thing, and a bill given in, not dipping in causa, but only craving liberty to practise in the mean time. The Lords found this was not a decreet in foro, and therefore reponed him.
Fol. Dic. v. 2. p. 205. Fountainhall, v. 2. p. 129.
