Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Robert Paterson
v.
The Town of Aberdene

Date: 17 June 1675

Click here to view a pdf copy of this documet : PDF Copy

Master Robert Paterson,—being elected bibliothecar for the College of Aberdene, by virtue of a mortification by Doctor Reid, whereby he left his books to the College, and mortified 600 merks yearly to a bibliothecar, accountable to the College and Town,—pursues a declarator of his right as bibliothecar, being elected by the College; and that Mr William Alexander, presented by the Town, had no right. The Town alleged, No process; because Doctor Reid's mortification, or principal testament, was not produced, but an extract out of the register of the commissariat of Aberdene, which is null, because the Doctor, having died out of the country, animo remanendi, the confirmation should have been at Edinburgh; and, being at Aberdene, is a non suo judice, and so null. 2do. The mortification mentions the bibliothecar to be accountable to the Town, and them to employ the Doctor's money for purchasing this rent; which imports them to be patrons, whereof they have been in possession by presenting several bibliothecars; and, by a contract with the first bibliothecar, named by Doctor Reid, they are acknowledged as patron, wherein the principal of the College is subscribing witness. It was answered, That the confirmation being a legal sentence, it is not null, whatever may be the interest of the commissary in the quots or confirmation; and, that the mortification being without any mention of patronage, it gives the College a free election; and the subscribing of the principal, as witness, imports nothing. The Lords repelled the defences, and found, That the College had the free power of election, without any patronage.

Vol. II, Page 330.