Scottish Court of Session Decisions

Subject_1 ADVOCATION.

Marquis of Lothian
v.
Oliver & Fair

Date: 11 February 1761
Case No. No 19.

Forfeiture of a dog and gun being concluded for in an action, otherwise below L. 12, advocation competent, because the value of these articles uncertain.

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An action being brought before the Sheriff, on the act 1707, against some persons, for hunting without a qualification, concluding for the penalty of L. 20 Scots, and forfeiture of the dog and gun; the Sheriff sined each in L. 5 Scots.

The Lord Ordinary refused advocation, in respect the value of the cause did not exceed L. 12 Sterling.—The Lords, on a reclaiming petition, remitted to pass the bill, as the value of the dog and gun was uncertain, and might exceed L. 12 Sterling.

Fol. Dic. v. 3. p. 20.