The Glasgow Goldsmiths Co. v. Mackenzie & Co. [1912] ScotLR 748 (24 May 1912)

Section 22 of the Gold and Silver Plate (Scotland) Act 1836 contemplates only summary proceedings for recovery of penalties, excluding ordinary civil action; since the pursuers did not proceed by summary procedure, the action fails.

Citation: [1912] ScotLR 748
Parties: Pursuer: The Glasgow Goldsmiths Company; Defender: Mackenzie & Company and John H. Mackenzie
Jurisdiction: Scotland
Judgment Date: 24 May 1912
Procedural Posture: Civil Appeal / Appeal to Court of Session From Sheriff Court
Outcome: appeal dismissed
Legal Topics: Summary Proceedings, Penalties, Jurisdiction, Gold and Silver Plate (scotland) Act 1836, Summary Jurisdiction (scotland) Act 1908

Statutory Interpretation Civil Procedure Summary Proceedings Penalties Jurisdiction Gold and Silver Plate (scotland) Act 1836 Summary Jurisdiction (scotland) Act 1908

Case Brief

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Parties

The Glasgow Goldsmiths Company

Pursuer

Mackenzie & Company and John H. Mackenzie

Defender

Procedural Posture

Civil Appeal / Appeal to Court of Session From Sheriff Court

Legal Issues

1 Whether penalties under the Gold and Silver Plate (Scotland) Act 1836, section 22, can be recovered by ordinary civil action or only by summary proceedings
2 Whether the Sheriff Court had jurisdiction to entertain the action in the form brought

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appeal dismissed; judgment of Sheriff-Substitute and Sheriff adhered to; action dismissed.