Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. XVII.

Form of Extracted Decrees.

M'Dougal
v.
Prior of Ardchattan

Date: 10 January 1623
Case No. No 321.

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

In a suspension raised by M'Dougal against the Prior of Ardchattan, the Lords would not sustain the charges raised upon a decreet of the Commissary of Bute, because the decreet was subscribed by the Commissary in absence of his clerk, for the Lords would not allow of such extracts, subscribed and extracted by the Judge; albeit the clerk of that judgment was absent for the time; seeing the office of the judge and clerk are distinct offices, and cannot be supplied the one by the other, and for that the clerk, if he had a necessary cause of absence, ought to depute, and supply his place, which cannot be supplied by the Judge.

Act. Prymrose. Alt. Mouat. Clerk, Gibson. Fol. Dic. v. 2. p. 203. Durie, p. 41.