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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Crichton and Others Petitioners. v [1888] ScotLR 25_595 (26 June 1888) URL: http://www.bailii.org/scot/cases/ScotCS/1888/25SLR0595.html Cite as: [1888] ScotLR 25_595, [1888] SLR 25_595 |
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Page: 595↓
A petition was presented by one of the parties to an arbitration in which the Court was asked to appoint a commissioner to receive productions from havers, and to grant a warrant for the citation of havers to appear before the commissioner, and produce on oath the documents called for in the specification annexed to the petition. The Court refused the petition on the ground that as they had no knowledge of the facts of the case, the petitioners should first have had the specification approved of by the arbiters, and then, if necessary, applied to the Court.
On 13th January 1888 a submission under the Land Clauses Consolidation (Scotland) Act, 1845, was entered into between Miss Catherine Crichton and others, proprietors of certain subjects in Burntisland, and the North British Railway Company, as to the value of these subjects, which had been taken by the railway company.
Arbiters were appointed, who allowed a proof, and issued an order, which contained the following:— “… The arbiters respectfully recommend the Lords of Council and Session, and the Sheriffs of the Lothians and Peebles and county of Fife, to grant warrant for citing witnesses and havers on the application of the parties.”
A petition was accordingly presented to the Second Division of the Court of Session by Miss Crichton, to which was annexed a specification of the documents sought to be recovered.
The petitioners prayed the Court to “appoint a commissioner to receive all papers and productions from havers, and to grant warrant to messengers. The petitioners prayed the Court to “appoint a commissioner to receive all papers and productions from havers, and to grant warrant to messengers at-arms and sheriff-officers for the citation of havers to appear and produce on oath the documents called for in the specification annexed hereto before the commissioner aforesaid, and that at such time and place as he may fix for that purpose; and also to grant warrant in ordinary form for the citation of havers and witnesses on behalf of the petitioners, to appear before the said arbiters within the board room of the directors of the said North British Railway Company on the 2nd day of July 1888, at half-past ten o'clock forenoon.”
The petition was opposed by the respondents.
The Court, on the ground that they had no knowledge of the facts of the case, stated that the specification should first have been approved of by the arbiters, and that then, if necessary, the petitioners might have applied to the Court.
The following interlocutor was pronounced:—“ Grant warrant for the citation of witnesses at the instance of the petitioners before the arbiters named in the petition, within the board room of the directors of the North British Railway Company at Edinburgh, on the 2nd day of July 1888, at half-past ten o'clock forenoon, and at such other place or places, and at such other time or times, as the said arbiters shall appoint for the examination of witnesses: Quoad ultra refuse the prayer of the petition.”
Counsel for the Petitioners— C. N. Johnston. Agent—Andrew Wallace, Solicitor.
Counsel for the Respondents—C. Thomson. Agents— Millar, Robson, & Innes, S.S.C.
