Forfeiture for Treason – An act of parliament, passed on the 7th of May 1716, enacts that the persons therein mentioned, should, under tain of attainder, surrender themselves to a justice of the peace by a day certain. A person, who had surrendered by letter to the commander in chief, before the passing of the act, and was directed to proceed to a place appointed, but who, it was alleged, was prevented by indisposition; and who never surrendered to a justice in terms of the act, was nevertheless attainted of creation.
Proof – The Court having allowed a party to repeat a proof led in the same matter at issue, but in a cause at the instance of another party, in which his present opponents ‘ did compear,’ the judgment is reversed.
Citations:
[1720] UKHL Robertson – 307, (1720) Robertson 307
Links:
Jurisdiction:
Scotland
Crime
Updated: 13 September 2022; Ref: scu.553648
