Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Claud Hamilton of Parkhead v. Miller of Milnheugh
1673.
November.
Click here to view a pdf copy of this documet : PDF Copy
Claud Hamilton of Parkhead having charged Miller of Milnheugh on a decreet of the regality-court of Hamilton, it was suspended. Amongst other reasons this was one, That it was null, being subscribed by the judge-pronouncer; as was found by the Lords,—Dury, 10th February, 1631, Commissary of Brechin.
Answered,—Though the office of Judge and clerk be distinct, and not to be confounded, yet here there was some necessity for it, the clerk being dead, and no other as yet sworn and admitted; and it is offered to be proven, it was the custom of the court, that the Judge signed all his own sentences during the interval and vacancy; which is sufficient to the parties, the deed being true, and they in damno vitando.
I scarce think the Lords would sustain the decreet so subscribed. See also Dury, 10th January, 1623, M'Dougall; 29th January, 1629, Gibsone.
