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Re: Saltcoats - On This Day In History

Posted: Thu Nov 28, 2019 8:07 am
by Penny Tray
GLASGOW HERALD
28 NOVEMBER 1893

FUNERAL OF REV. GEORGE FAIRGRIEVE

Yesterday the remains of Rev. George Fairgrieve, the senior pastor of the West United Presbyterian Church, Saltcoats, were conveyed to Tillicoultry for interment.

Services were held at the manse and at the church, the latter being largely attended.

The funeral procession was large.

Re: Saltcoats - On This Day In History

Posted: Thu Nov 28, 2019 8:09 am
by Penny Tray
GLASGOW HERALD
28 NOVEMBER 1918

COURT OF SESSION – ALLEGED SLANDER AT SALTCOATS

In an action in which Lord Sands pronounced a judgment HUGH CAIRNEY, newsagent and tobacconist, 191 Crow Road, Broomhill, Glasgow, sues Mrs. ANNIE WILSON, The Station Bar, Saltcoats, for £500 damages for alleged slander.

The pursuer states that on July 19, 1918, while spending a holiday at Saltcoats, he went with two friends into the Station Bar, and having had a refreshment left the bar.

The defender’s manager followed them to the street and said to the pursuer, “Where are the two glasses you have stolen?” and searched his pockets.

The charge of having stolen two glasses was, he says, false, calumnious, and malicious.

The defender, who denies the slander, explains that the pursuer was supplied with half a glass of whisky and a schooner of beer, that he drank the whisky and placed the empty glass upon the counter, that he then lifted the glass of beer and instead of drinking it at the bar made his way towards the exit from the bar; and that an attendant asked what had become of the beer glass, and accepted the pursuer’s statement that he had handed it to another customer.

The pursuer proposes issues for the trial of the case by jury.

The Lord Ordinary disallowed the proposed issues and allowed parties a proof of their averments, on the ground that a possible conflict between averments negative of privilege and a case of vicarious responsibility made the case unsuitable for trial by jury.

Re: Saltcoats - On This Day In History

Posted: Thu Nov 28, 2019 9:22 pm
by George Ardrossan
Penny Tray wrote:
Thu Nov 28, 2019 8:09 am
GLASGOW HERALD
28 NOVEMBER 1918

COURT OF SESSION – ALLEGED SLANDER AT SALTCOATS

The Lord Ordinary disallowed the proposed issues and allowed parties a proof of their averments, on the ground that a possible conflict between averments negative of privilege and a case of vicarious responsibility made the case unsuitable for trial by jury.
Can anybody understand the last sentence in Penny Tray’s last post?

George

Re: Saltcoats - On This Day In History

Posted: Thu Nov 28, 2019 9:46 pm
by Hughie
Lost me after "Lord Ordinary". Well, after I searched for what it meant:
(A Lord Ordinary is any judge in the Outer House of the Scottish Court of Session). That's when I gave up. :lol:

Re: Saltcoats - On This Day In History

Posted: Fri Nov 29, 2019 12:36 am
by exile
Hughie wrote:
Thu Nov 28, 2019 9:46 pm
Lost me after "Lord Ordinary". Well, after I searched for what it meant:
(A Lord Ordinary is any judge in the Outer House of the Scottish Court of Session). That's when I gave up. :lol:
Reminds me of the old saying that all professions are conspiracies against the layman...

Re: Saltcoats - On This Day In History

Posted: Fri Nov 29, 2019 8:30 am
by Penny Tray
GLASGOW HERALD
29 NOVEMBER 1893

BIRTH

LAWSON: At Myrtle Bank, Ardrossan Road, Saltcoats, on the 27th instant, Mrs. James B. Lawson; a son.

Re: Saltcoats - On This Day In History

Posted: Fri Nov 29, 2019 8:31 am
by Penny Tray
GLASGOW HERALD
29 NOVEMBER 1898

DEATH

WYLIE: At Union Street, Saltcoats, on the 28th instant, James Wylie, shipmaster, aged 64 years.

Re: Saltcoats - On This Day In History

Posted: Fri Nov 29, 2019 1:30 pm
by Penny Tray
George Ardrossan wrote:
Thu Nov 28, 2019 9:22 pm
Penny Tray wrote:
Thu Nov 28, 2019 8:09 am
GLASGOW HERALD
28 NOVEMBER 1918

COURT OF SESSION – ALLEGED SLANDER AT SALTCOATS

The Lord Ordinary disallowed the proposed issues and allowed parties a proof of their averments, on the ground that a possible conflict between averments negative of privilege and a case of vicarious responsibility made the case unsuitable for trial by jury.
Can anybody understand the last sentence in Penny Tray’s last post?

George
When I read it myself the first thought that came to mind was Burns' line from Tam O'Shanter - "Three lawyers' tongues turned inside out....."

Having said that (and to answer Hughie's later query) a Lord Ordinary is any of the Judges who sit in the Outer House of the civil Court of Session in Edinburgh; and what I think this one was saying is that he would allow the evidence to be heard, but because of the complications as to whether the owner of the bar was accountable for the alleged slander or her manager who actually confronted the complainer, he would ultimately consider the case himself without a jury.

Re: Saltcoats - On This Day In History

Posted: Fri Nov 29, 2019 2:10 pm
by hahaya2004
Hi George, I had a look at a book on Scottish law dated 1855:
Like Hughie ans PT said, a Lord Ordinary is any judge in the Outer House of the Scottish Court of Session. They sit singly or sometimes with a jury of 12 in personal injury and defamation cases.
Averment (or allegation) is the statement of facts which a party offers to prove. In the ordinary law courts these are contained in condescendences and answers.
Vicarious responsibility (Vicarious liability) is the legal concept that provides that a party can be held liable for the acts or omissions of another party. In an employment context it means that an employer can be found liable for the acts or omissions of their employee.

Re: Saltcoats - On This Day In History

Posted: Sat Nov 30, 2019 1:35 pm
by Penny Tray
GLASGOW HERALD
30 NOVEMBER 1896

DEATH

ANGUS: At 32 Manse Street, Saltcoats, Andrew Angus, late of Glasgow, aged 71.

Re: Saltcoats - On This Day In History

Posted: Sat Nov 30, 2019 1:35 pm
by Penny Tray
GLASGOW HERALD
30 NOVEMBER 1899

BIRTH

SCOTT: At Abbotsford, Saltcoats, on the 28th instant, the wife of David C. Scott; a son.

Re: Saltcoats - On This Day In History

Posted: Sat Nov 30, 2019 1:36 pm
by Penny Tray
GLASGOW HERALD
30 NOVEMBER 1896

SON ASSAULT HIS MOTHER

On Saturday, a labourer named JOHN WILSON, 21 years, residing in Harbour Street, Saltcoats, was convicted of assaulting his mother by striking her on the head and throwing her down the steps at the front door.

He was sent 30 days to prison. For breaking a pail in the cell at the police station he got three additional days.