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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lorrain Petitioner. [1755] Mor 7445 (17 June 1755)
URL: http://www.bailii.org/scot/cases/ScotCS/1755/Mor1807445-166.html

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[1755] Mor 7445      

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

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

Nobile officium.

Lorrain Petitioner

Date: 17 June 1755
Case No. No 166.

The Court appointed an interim Commissary.


Click here to view a pdf copy of this documet : PDF Copy

This day there was a petition presented to the Lords by James Lorrain, Commissary-clerk of Lauder, craving the Lords would appoint an interim Commissary for Lauder, whereof the tenor, with the deliverance thereon, follows:

To the Right Honourable the Lords of Council and Session, the Petition of James Lorrain, Commissary-clerk of Lauder;

Humbly Sheweth,

That, in April last, the office of Commissary-principal of the commissariot of Lauder became vacant by the decease of Sir James Home of Blackadder, Baronet: That no commission from the Crown for exercing of that office has yet been obtained: That at the decease of Sir James Home the last Commissary, there were several actions and causes depending before the court, edicts raised, in order to confirm several persons executors, and several other consistorial matters not finished; and as these cannot be proceeded in without a Commissary be appointed, and, if delayed longer, may prejudge or hurt the parties concerned;—May it therefore please your Lordships to appoint an interim Commissary in place of Sir James Home deceased, until a commission for a new Commissary shall be obtained from the Crown, or till further orders from your Lordships; and to grant to such interim Commissary to be named by your Lordships, the usual powers. According to Justice, &c. (Signed)

James Lorrain.

Edinburgh, 18th June 1755.

The Lords having heard this petition, they authorise and appoint James Purvis, writer to the signet, formerly Commissary-depute of the commissariot of Lauder, to execute the office of Commissary of Lauder, with power to him to hold courts from time to time, in the ordinary form, to issue forth edicts, and other writs usual, to confirm testaments, to hear and decide in all causes consistorial and competent to the said office and jurisdiction thereof, and to nominate and appoint deputes, in case of his necessary absence, and all members of court, (clerks excepted,) and generally, to do all and sundry other things pertaining to the said office and jurisdiction, as freely, in all respects, as any Commissary of the said commissariot has done; and that ay and until his Majesty shall appoint a Commissary for the said commissariot, or till further orders from this Court: And allow this warrant to be extracted, without abiding the course of the minute-book. (Sic subscribitur)

Rob. Craigie, J. P. D.

Acts of Sederunt, p. 486.

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/1755/Mor1807445-166.html