Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Ker
v.
Ker

Date: 19 July 1625

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In a suspension betwixt Ker and Ker, the suspender offering, in his reason, to compense the sum charged for, with the like sum contained in a sentence obtained, at the suspender's instance, before the commissaries of ——; and the sentence being produced to verify the compensation,—the same was found null ope exceptionis, because it was not given upon a subject proper to the elesiastical jurisdiction, and where it might appear to be sustainable, because it was referred to the defender's oath, who was holden as confessed. The sentence was found null, because it exceeded the sum of 40 pounds, and so beyond the instructions given to commissaries, who may not judge in civil matters, albeit referred to the party's oath, where the sum is above 40 pounds.

Hay, Clerk.

Vid. 6th February 1624, Gordon; item 18th June 1634, Richardson against Maxwell, where their jurisdiction is extended to 100 pounds, in favours of the commissaries of Edinburgh, but other judges only under 40 pounds.

Page 178.