Inferior judges are incompetent to decide in extraordinary removings.
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In a suspension of a decreet obtained by Jerriswood against Livingston, tacksman to him of some lands, pronounced by the sheriff of Lanark, which was given, decerning the tacksman to remove, being convened before the sheriff by Jerriswood, to find caution to pay the tack-duty of the years bygone owing, and in time to come, or else to remove, and for not finding caution, being decerned to remove; in a suspension, the decreet was found null; because the Lords found, That inferior judges were not competent judges to such actions, to decern tacksmen to remove for not finding caution; but that such actions properly belonged to the Lords of Session; and therefore found the decreet null, albeit the charger produced an instrument, where the party decerned, renounced the tack and right of the lands; which was not respected, being done by one notary, under instrument, in a matter of importance; but the Lords, in this same suspension, ordained the parties to dispute anent the finding of caution, if it were due to be found in this process, sicklike as if action ab initio had been intented before the Lords, to find this caution, or to remove. See Writ.
Act. ———.Alt. Millar.Clerk, Scot.
Fol. Dic. v. 1. p. 497. Durie, p. 623.
