Taylor v Sempill
| Jurisdiction | Scotland |
| Judgment Date | 17 July 1906 |
| Docket Number | No. 21. |
| Date | 17 July 1906 |
| Court | High Court of Justiciary |
Lord M'Laren, Lord Pearson, Lord Mackenzie.
Procedure—Adjournment of diet—No interlocutor specifically adjourning the diet—Suspension—Summary Procedure (Scotland) Act, 1864 (27 and 28 Vict. cap. 53), sec. 10 and Sched. E (2).—
On 10th April 1906, at a trial on a summary complaint, charging a contravention of the Licensing (Scotland) Act, 1903, certain persons, who had been cited as witnesses by the prosecutor, failed to appear, and the magistrates pronounced an interlocutor framed after the form of Schedule E (2) of the Summary Procedure (Scotland) Act, 1864, granting warrant to apprehend these persons and to bring them before the magistrates on 16th April 1906 at 11 a.m. to give evidence, but there was no interlocutor in terms adjourning the diet to that date.
Conviction of the contravention charged suspended, on the ground that there was no interlocutor specifically adjourning the diet to a definite date.
On 10th April 1906 Archibald Geddes Taylor, who held a certificate for the sale of exciseable liquors at the premises known as the ‘Railway Bar,’ South Bridge Street, Grangemouth, appeared in the Police Court, Grangemouth, to answer to a summary complaint charging him with supplying exciseable liquor, in breach of his certificate, to a person named, who was then in a state of intoxication.
The accused pleaded not guilty.
On 10th April the Magistrates pronounced an interlocutor in the following terms:—‘Grangemouth, 10th April 1906.—Appeared Sergeant J. D. Fernie, police-officer, Grangemouth, who, being sworn, produced certificate of citation of’ three persons named. ‘Their names having been called and no appearance being made, the Procurator-fiscal moved for warrant to apprehend, whereupon Hunter [the agent for the accused] objected to the adjournment, and the Magistrates having repelled the objection, the Magistrates grant warrant to officers of law to search for and apprehend the said’ three persons, ‘and, if necessary for that purpose, to open all shut or lockfast places and to bring said accused before the Magistrate officiating in the Police Court of the burgh of Grangemouth on Monday, 16th April 1906, at eleven o'clock forenoon, to give evidence for the prosecutor in the foregoing complaint, and, in the meantime, if necessary, to detain said accused in a police station-house or other convenient place.’
On 16th April 1906 Taylor appeared and adhered to his plea of not guilty. Evidence...
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