The decree of a Commissary, modifying a sum to a physician for a cure, was reduced.
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In an action of suspension pursued by ——Liddel, midwife in Aberdeen, against Dr Rob in Aberdeen, for suspending of a decreet given in favours of Rob, against the said Liddel, by the Commissary of Aberdeen, decerning her to pay to the said Rob the sum of L. 80 Scots, which was modified by the Commissary, for the price of the curing of the said Liddel, and pains taken by the said Rob therein, as the said decreet proported;—the Lords found, in that same suspension, that decreet null, as being given by the Commissary, who was not judge competent to that nature of action; albeit the party, obtainer of the decreet, alleged, that the Commissaries have ever been judges to actions super salariis medicorum, of the nature whereof that action was; and that the Commissaries have ever been in use to decide therein; and that the canon law allows the same; notwithstanding whereof, the Lords found the decreet null, as given a non suo judice.
Act. Mowat.Alt. Nicolson, elder.Clerk, ——.
Fol. Dic. v. 1. p. 505. Durie, p. 35.*** Haddington reports this case:
One called Rob, chirurgeon in Aberdeen, obtained decreet before the Commissary of Aberdeen against a woman there, for the sum of fourscore pounds, for curing her of a disease, she not compearing; she suspended the decreet, alleging, that it was given a non suo judice. It was excepted, That the Commissaries being ecclesiastic judges, were competent in causes de salariis medicorum, philosophorum, et omnium professorum liberatum disciplinarium by the canon law; and that bishops were competent visitors and censors of schoolmasters, physicians, &c. Answered, That, by the canon law, they were so; but, in Scotland, the Session, being judges in all civil causes, were only judges in this cause, being civil, for a sum of money; and that the canon law was only allowed in causes merely ecclesiastic. In respect whereof, the decreet of the Commissary was declared null, and suspended simpliciter.
