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Scottish Court of Session Decisions >>
Alexander v Sheriff of Inverness. [1696] Mor 7413 (5 June 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor1807413-127.html Cite as:
[1696] Mor 7413
Power of advocating Causes. - Power of advocating from one Court to another, where the Court of Session itself has no jurisdiction in the Cause.
Alexander v. Sheriff of Inverness
Date: 5 June 1696 Case No. No 127.
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Mr Alexander, minister at Glasse, being pursued before the Sheriff of Inverness, for intruding into that church, presents a bill of advocation, on this reason, that he has an act of the Privy Council, giving him the protection of the Government, and allowing him to continue at that church; and by the 22d act 1695, intruders, before the date of the act, are only convenable before the Privy Council; and sheriffs and other inferior judges are only authorised to execute the act against such as should intrude thereafter. The Lords advocated the cause to the Privy Council, and not to themselves, the competency of judicatories being a point of civil right only determinable by the Lords, even as they will advocate to the Justices, &c.
Fol. Dic. v. 1. p. 497. Fountainhall, v. 1. p. 718.
