Finlayson v Bunbury

JurisdictionScotland
Judgment Date19 July 1898
Date19 July 1898
Docket NumberNo. 31.
CourtHigh Court of Justiciary
Court of Justiciary
High Court

Lord Justice-Clerk, Lord Trayner, Ld. Moncreiff.

No. 31.
Finlayson
and
Bunbury.

Complaint—Amendment—Insertion of reference to Procedure Acts.

A complaint setting forth a contravention of the Lands Valuation Act, 1854, did not bear to proceed under the Summary Procedure Acts. The Sheriff allowed the complaint to be amended by adding the heading,—‘Under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881, and the Criminal Procedure (Scotland) Act, 1887’; and adjourned the diet till a subsequent day. Held that the amendment was competent.

Private Prosecution—Appearance of Law-Agent—Summary Jurisdiction (Scotland) Act, 1881 (44 and 45 Vict. cap. 33), sec. 9 (1).—

Section 9 (1) of the Summary Jurisdiction (Scotland) Act, 1881, enacts,—‘Every complaint at the instance of a private prosecutor or complainer under the Summary Jurisdiction Acts may be signed either by such private prosecutor or complainer, or by a duly qualified law-agent on his behalf, and such law-agent may, in the absence of the private prosecutor or complainer, appear in Court and conduct the prosecution on his behalf.’Held that a private prosecutor, who had himself signed the case, and who appeared in Court, was entitled to be represented in Court by a law-agent.

On 2d December 1897 John Finlayson, auctioneer, Hayfield Links, Leven, Fifeshire, was charged in the Sheriff Court at Stirling upon a complaint at the instance of Henry Shirley Bunbury, Assessor under the Lands Valuation Act, 1854, for the burgh of Falkirk, with concurrence of Patrick Welsh, Procurator-fiscal of Court, setting forth a contravention of section 7 of the Lands Valuation Act, 1854.

The complaint did not bear to be under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881.

The complaint was signed by the complainer.

Mr Learmonth, writer, Falkirk, for the accused, objected to the relevancy of the complaint on, inter alia, the following grounds:—‘(1) That there is nothing in complaint to shew the same is brought under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881. (2) That it is incompetent to amend complaint by adding the heading, “Under the Summary Jurisdiction (Scotland) Acts, 1864 and 1881, and the Criminal Procedure (Scotland) Act, 1887.”

The Sheriff-substitute (Buntine) repelled the objection, and allowed the complainer to amend the complaint by adding the heading ‘Under the Summary Jurisdiction (Scotland) Acts, 1864...

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