Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Escheat of Clerkships
Date: 9 February 1672
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It was doubted amongst the advocates, if an office of clerkship, (whether of a town, sheriff, commissary, or the like, non refert,) falls by the clerk's annual rebellion under his liferent escheat; and the same being gifted, whether, the rebel still officiating, only the obventions and profits of the place will belong to the donatar, or if the donatar becomes clerk himself for all the days of the rebel's lifetime, and so may act accordingly; or if the office vaiks in the hands of those who have the disposal of it, whether it be the King or any other, so that they may input another clerk. The casualties resulting from the office will undoubtedly fall under escheat. See Hope in practicis observationibus patris upon the title anent Hornings and Escheats, folio 197, in the action betwixt Mr. Henry Kinrois and James Drummond. Sed omnino vide Craig, page 332; Spotswood Tit. comprisings.
I find by the town-council books of Edinburgh, in the year 1565, Mr. Alexander Guthry his clerkship, as fallen under escheat, disponed to Mr. D. Chalmers, a Lord of the Session, who charged the town-counsel with horning to receive him clerk; the Dean of Guild protested the place fell not, but only the casualty; yet for fear of horning they choosed him clerk, the Laird of Craigmiller, who was Provost, dissenting. See Joannis Imberti Institutiones Gallorum Forenses, libro primo, capite 59.
