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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Potts, Petitioner. [1775] 5 Brn 601 (23 November 1775) URL: http://www.bailii.org/scot/cases/ScotCS/1775/Brn050601-0722.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 SESSION-CLERK.
Date: Potts, Petitioner
23 November 1775 Click here to view a pdf copy of this documet : PDF Copy
SESSION, Clerks of. See Clerks of session.
The Sheriff-clerk of Roxburghshire happening to die, the Sheriff, — November 1775, appointed an interim clerk, in order that the business of the court might not be delayed. See the practice as universal, 4 New Coll., p. 169.
The Sheriff of Roxburgh having ordered certain bills for the value of a tenant's stocking, sold spreto mandato after a sequestration, to be taken in his clerk's name, by filling up the blank indorsations; he authorised the clerk to raise horning thereupon. It was raised, and denounced accordingly ; then, the clerk dying, the Sheriff named an interim successor, whom he authorised to proceed. The Lords past a bill of caption in his name accordingly. They considered this as ministerial, and that the office never died.
The electronic version of the text was provided by the Scottish Council of Law Reporting
