Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION XI.

Justices of Justices of Peace.
Subject_3 SECT. I.

Jurisdiction of Justices of the Peace.

Mr Charles Eyers, Solicitor of her Majesty's Customs, Captain John Muir, late General Surveyor, and Provost John Ballantine, Collector at Ayr,
v.
Mungo Hunter, Skipper of the Hopewell, and Alexander Campbell, one of the owners thereof

Date: 19 January 1711
Case No. No 314.

The Justices of Peace can only take a precognition against transgressors in the matter of the customs; the final trial of which, in order to condemn or clear ships and goods, be longs properly to the Court of Exchequer.

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John Muir and Provost Ballantine having convened Alexander Campbell and Mungo Hunter, the one for running a certain quantity of tobacco and brandy ashore without owning the custom-house, and the other for receiving and concealing thereof, before the Justices of Peace of the shire of Ayr; the pursuers, with the concouse of the Solicitor of the Customs, after witnesses were examined, raised an advocation of their own process upon this ground, That the Justices of Peace could only take a precognition against transgressors in the matter of the customs, the final trial whereof, in order to condemn or clear ships and goods, belongs properly to the Courts of Exchequer.

Answered, Ballantine and Muir having owned the jurisdiction of the Justices of Peace by pursuing before them, could not thereafter disown it, and remove the cause, otherwise nothing but confusion would ensue, and processes would be endlessly tossed from court to court, to the unspeakable vexation and oppression of the lieges.

Replied, The public law, and the interest of the Queen's revenue cannot be prejudiced by her inferior officers, who are but informers, and not domini litis, going, through ignorance, with her causes before an incompetent court.

The Lords advocated the cause from the Justices of Peace, and remitted it to the Barons of Exchequer.

Fol. Dic. v. 1. p. 508. Forbes, p. 481.