A consent to register in a Commissary's Court books, is understood a prorogation of the Commissaries' jurisdiction as to all actions upon the deed so registered. The contrary was decided, Greenock against - - , No 24. p. 7308. supra.
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In a suspension betwixt Irvine and Young, of a decreet before the Commissary of Dunkeld, against the suspender, as lawfully charged to enter heir to his father, who was decerned by a decreet-arbitral to do certain deeds to the charger; and the decreet being suspended, because it was given against the defender, as lawfully charged to enter heir to his father, which was not proper to the jurisdiction of a commissary, to cognosce upon and proceed against any person hoc nomine, as heir, or charged to enter heir to his predecessors, and so the decreet was null as a non suo judice; this reason was not sustained, but the decreet of the Commissary was allowed, because the defender's father, to whom he was charged to enter heir, and against whom the sentence was given eo nomine, consented to the registration of the decreet-arbitral in that Commissary's books; and so as he could not oppone himself against the Commissary's jurisdiction thereanent, no more could the suspender, who was convened, as representing him by the foresaid charge to enter heir.
Act. Nairn.Alt. Burnet, Major.Clerk, Hay.
Fol. Dic. v. 1. p. 494. Durie, p. 295.
