Scottish Court of Session Decisions

Subject_1 COLLEGE of JUSTICE.

The Collector-General of the Taxation
v.
The Director of the Chancellary

Date: 22 January 1669
Case No. No 6.

The Director of the Chancery is a member of the College of Justice.

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The Director of the Chancellary being charged for the present taxation, imposed in anno 1665 by the Convention of Estates, suspended on this reason, That he is a member of the College of Justice, which by the act of Convention are exempted.—It was answered, That the members of the College of Justice Were never further extended than the Lords, Advocates, Clerks of Session, and Writers to the Signet.—It was answered, That the signet depends immediately and chiefly upon the Lords of Session, and writers thereto are of the College of Justice; so the Chancellary depends in the same way upon the Lords, who issue orders thereto from time to time, to give out precepts direct to superiors, or to Bailies, Sheriffs for infefting of supplicants; and therefore the Director of the Chancellary, being writer in that office, must enjoy that privilege, as well as the Writers to the Signet; for albeit the Director gives out precepts and brieves of course, without the Lords' warrant, so do the Writers to the Signet give out many summons of course, without warrant.

The Lords found the Director of the Chancellary to be a Member of the College of Justice, and therefore suspended the letters.

Fol. Dic. v. 1. p. 151. Stair, v. 1. p. 588.