Scottish Court of Session Decisions

Subject_1 MINOR.

Mr Murray of Cringletie's Son, &c

1743, Nov. 8.
Case No. No. 9.

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A Commission from the Crown under the Great Seal was presented in favour of Murray, son to Cringletie, to be Clerk or Keeper of our Minute-book.—Arniston objected to the Crown's power of granting that commission, because it was in the power of the Clerk-Register, and that the reservation in the Clerk-Register's commission was against law, several of these under officers commissions being vested in him by statute. 2dly, He objected that Mr Murray was minor. The Lords superseded till this day fortnight, that they might consider the first point, and order Mr Murray to appear that day to condescend upon his age.—27th January 1742,

This commission, which is mentioned supra, 27th January, was under consideration this day fortnight, when both President and Arniston seemed to think the first objection good, though we had no statute vesting the nomination of this officer in the Register. Arniston was clear, and the President was positive, that in England it would be good, because it would be looked on as part of the Constitution; but at the President's entreaty Arniston dropped the objection. As to the second, Mr Murray was called, and ordered to give an account of his age against this day, when he gave in a petition showing why we should not enquire into his age, there being no law that required majority, and Advocates and Notaries were admitted under age, and the Interim-Keeper that the Court has appointed is yet under age. We refused the petition; but ordered the present Interim-Keeper to attend at 12 o'clock;—and 7th February we removed the Interim-Clerk, having appointed another,—10th February 1742.

Mr Murray's commission being refused 10th February 1742, as under age, he being now of age, presented his commission again. Arniston thought the commission void, and there needed a new commission, which occasioned his presenting a memorial, and it carried to admit him, renit. Arniston et Balmerino. I thought that it was the general sense of the country, and in consequence thereof very often persons in office take now conjunct-commission to themselves and their children.