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Scottish Court of Session Decisions >>
Sir Alexander Anstruther of New Wark's Motion. [1697] 4 Brn 367 (00 January 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040367-0763.html Cite as:
[1697] 4 Brn 367
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir Alexander Anstruther of New Wark's Motion
1696 and
1697.
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1696. November 19.—A Motion was made for Sir Alexander Anstruther of’ New Wark, one of the clerks of the bills, that he might be likewise permitted to plead as an ordinary advocate.
The Lords thought the case singular, and that it might be very prejudicial and incompatible, that one should both exercise the office of a clerk and of an advocate before the same court; and that it had been refused to Mr James Graham, when he was clerk to the bills. The Lords resolved to consider farther anent it, in regard he represented that Blackness was to exerce as clerk. But he still continued in titulo, and had right to the half of the profits, and might enhance, monopolize, and thirle much of the employment of suspensions and advocations to himself; and yet it was not doubted but before the Privy Council, Commission of Teinds, or any other judicatory, except the Session, one of their clerks might plead as an advocate; and he offered to restrict himself to ordinary actions, and not to meddle with bills of suspension and advocation.
Vol. I. Page 735.
1697. February 27.—We observed supra, 19th November 1696, that Sir Alexander Anstruther was dealing to officiate both as clerk to the bills and as an advocate, (at which the Lords connived without giving any allowance or approbation.) He now transacts his office, and makes over the right of it to Mr William Thomson and John Inglis, two Writers to the Signet, who reimburse him of the money he gave out for it: But the other writers threaten to deprive them; in regard, by acts of their calling, they must accept of no other office during their exercising as writers, and that thir were incompatible places; and it might be prejudicial to the rest by their enhancing and monopolizing all the employment. To this they answered,—They were content to renounce the writing of any suspensions or advocations; but it were hard to deprive them quoad expeding signatures at Exchequer, of being clerks to services, and the like, seeing they are willing to be restricted in manner foresaid.
