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Scottish Court of Session Decisions >>
Earl of Dumfries, Petitioner. [1745] Mor 7434 (23 January 1745)
URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor1807434-154.html Cite as:
[1745] Mor 7434
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Upon a petition from William, Earl of Dumfries, shewing, That the deceased Colonel William Dalrymple of Glenmuir, the petitioner's father, being heritable Sheriff of the Sheriffdom of Clackmannan, stood infeft as such: That, since his death, which happened upon the 30th day of November last, the office of Sheriff has been vacant, to the great prejudice of the lieges: That the petitioner has right to the lands and barony of Clackmannan, and to the heritable office of Sheriff of the same, not only as heir to, but as having right by disposition from his said father; but as he has not hitherto had time, either to expede a service as heir, or obtain a charter under the Great Seal, and be thereupon infeft, till which be done, he cannot appoint a Sheriff-depute to administrate justice to the lieges, and do the other necessary parts of the office, such as calling an inquest for striking the fiars, summoning the jury before the Circuits of the Justiciary Courts, and making the proper returns to the Justiciary Court at Edinburgh, and obeying any orders that may be issued from the Court of Exchequer; the petitioner is advised, that the Lords of Council and Session are in use, during such vacancies of any public office, to authorise a fit person to act in these offices in the interim; and as Robert Rollo, who was appointed depute under the petitioner's father, acted for several years in that capacity, with a fair character, and, in the petitioner's opinion, is a fit person for the office; craving therefore, it might please their Lordships, to authorise and appoint the said Robert Rollo, the former Sheriff-depute, to exercise the office of Sheriff depute of the said shire of Clackmannan, with power to him to hold Courts from time to time in the ordinary form, to hear and decide in all causes competent before the Sheriff, and jurisdiction thereof; and to nominate and appoint deputies, in case of his necessary absence, procurator-fiscals, and serjeants of court, to issue precepts, summon juries, and generally to do all and sundry other things pertaining to the said office and jurisdiction, as freely, in all respects, as any other his predecessors in the said office have done, and that ay and until the petitioner make up his titles, and be infeft in the said office of principal Sheriff, and appoint a new depute, and other members of court, or until further orders be issued from their Lordships. The said Lords authorise and appoint the above Robert Rollo, to exercise the office of Sheriff-depute of the said shire of Clackmannan, and that ay and until the petitioner is infeft, and appoints another Sheriff-depute, or that this warrant is recalled by this Court; and ordain the same to be recorded in the books of sederunt, and dispense with the reading hereof in the minute-book.
