Downie v. Fraser [1901] ScotLR 38_639_1 (04 June 1901)

The Dean of Guild Court is not a magistrate or Burgh Court within the meaning of the Summary Procedure Act 1864, and its proceedings for penalties under the Burgh Police (Scotland) Act 1892 are civil, not criminal. Therefore, appeal to the Court of Session is competent.

Citation: [1901] ScotLR 38_639_1
Parties: Petitioner/respondent: Robert Fraser; Respondent/appellant: John Downie
Jurisdiction: Scotland
Judgment Date: 04 June 1901
Procedural Posture: Appeal / Competency of Appeal From Dean of Guild Court to Court of Session
Outcome: Objection to competency of appeal repelled; appeal allowed to proceed in Court of Session.
Legal Topics: Dean of Guild Court Jurisdiction, Penalties Under Burgh Police (scotland) Act 1892, Appeal Competency, Civil Vs Criminal Jurisdiction

Civil Procedure Local Government Law Dean of Guild Court Jurisdiction Penalties Under Burgh Police (scotland) Act 1892 Appeal Competency Civil Vs Criminal Jurisdiction

Case Brief

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Parties

Robert Fraser

Petitioner/respondent

John Downie

Respondent/appellant

Procedural Posture

Appeal / Competency of Appeal From Dean of Guild Court to Court of Session

Legal Issues

1 Whether proceedings in the Dean of Guild Court for recovery of a penalty are civil or criminal in nature
2 Whether appeal from Dean of Guild Court lies to the Court of Session or the High Court of Justiciary

Ratio Decidendi

Court Disposition

Objection to competency of appeal repelled; appeal allowed to proceed in Court of Session.

Orders

Objection to competency of appeal repelled
Case sent to the roll for further procedure