Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION VIII.

Commissary Court.
Subject_3 SECT. III

Commissaries are limited that they cannot Judge in causes above a certain sum.

M'Lellan
v.
M'Lellan

Date: 29 May 1605
Case No. No 283.

A Commissary's decree, given in a civil cause, exceeding L. 40 Scots, was found null by exception, as being beyond the instructions.

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In an action betwixt M'Lellan and M'Lellan, brothers, the Lords found a decreet given by the Commissary of Kirkcudbright, decerning the other three hundred three score merks, as the price of a horse, which the pursuer had referred to the defender's oath of verity, and in respect of his non-compearance the judge had referred to the pursuer's oath, to be null, by way of suspension, because the Commissaries had no power to proceed in any civil cause exceeding forty pounds by their injunctions, and therefore found the said Commissaries decreet null.

Fol. Dic. v. 1. p. 505. Haddington, MS. No 777.