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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bruce, Supplicant. [1700] Mor 7414 (22 June 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Mor1807414-128.html
Cite as: [1700] Mor 7414

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[1700] Mor 7414      

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. IV.

Power of advocating Causes. - Power of advocating from one Court to another, where the Court of Session itself has no jurisdiction in the Cause.

Bruce, Supplicant

Date: 22 June 1700
Case No. No 128.

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An advocation being craved from Bruce of Buguian, Admiral-depute of Fire, about the property of a young whale called a springer, that was taken there, whether it was inter regalia or not, it was alleged, That all advocations of processes before the Admiral, by the act 16th, parliament 1681, are discharged; but the Lords having considered that act, which had extended the jurisdiction of that Court too far, they found that was only of pursuits before the High Admiral, and not of inferior deputes, who, either on the head of partiality, injustice, or being parties, may be stopped. Yet the Lords thought they could not advocate these causes to themselves, but to the High Admiral, even as the Lords did with advocations of criminal causes; and sometimes they give directions to the Commissaries, even in divorces, &c. where they are not judges in the first instance.

Fol. Dic. v. 1. p. 497. Fountainhall, v. 2. p. 98.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1700/Mor1807414-128.html