Scottish Court of Session Decisions

Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. I.

Suit and Presence at Superior's Head Courts.

Dallas, Younger of St Martin's,
v.
The Earl of Callander

Date: 19 December 1699
Case No. No. 4.

The Lords found vassals holding blench or fen not liable to give suit or presence at the superior's head-courts.

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The Earl, as Sheriff of Stirlingshire, having fined St. Martin's for absence from the head-courts; he suspends, and raises a declarator of exemption, that blench-holders and feuers are not obliged to attend in suit or presence, their reddendo being pro omni alio onere, and that it has been so decided, 12th of March, 1730, Bishop of Aberdeen's Bailie against his Vassals, supra, and Hope's Larger Practiques, Tit. Of the Sheriff. Alleged by his Majesty's advocate, No process till the Officers of State be called for the King's interest, the Sheriff being his lieutenant there. Answered, This being an heritable Sheriffship, the King has neither interest in the fines, nor jurisdiction, and if it should afterwards devolve in his hands, this declarator will be res inter alios acta quoad him, and at worst to cite cum processu was never refused. The Lords found no necessity of callings the Officers of State in this case, but prejudice to his Majesty's advocate to appear if he think fit. I remember, in the Parl. 1672, there was an overture brought in, that all the freeholders and vassals, whatever their holding was, might be obliged to attend the Michaelmas head-court; but by a vote it carried in the negative; only the Sheriff had the interest that it was omitted to be marked in the list of the unprinted acts. See this also determined by the 2d Cap. 2d St. Rob. I.

The Lords, on the 17th January, 1700, found him, as a blench or feu-holder, not liable to suit and presence, but exeemed.

Fol. Dic. v. 2. p. 406. Fountainhall, v. 2. p. 74.