The office of commissary-clelk not annulled by his absence for a time from the country.
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The Archbishop of Glasgow pursues a declarator against Mr James Logan, for declaring he had lost his place as Commissary-clerk of Dumfries, because he had deserted his place and gone out of the country; and because he was a person insolvent and denounced rebel, and had lifted a considerable sum for the quots of testaments which he had taken with him and not paid. It was answered, That the defender had his gift from the former Archbishop with a power of deputation, and that his place is, and hath always been served by a depute; and therefore, neither his absence nor his being denounced for debt, can annul his gift or hinder him to serve by his depute. It was answered, That the principal clerk not having personam standi in judicio, his depute cannot sit for him who could not sit himself, and that he being absent out of the country for a considerable space, must be esteemed to have relinquished his place.
The Lords found the defence relevant upon the power of deputation, which they found not to be annulled by his absence or denunciation sine crimine.
