Prorogation of the jurisdiction of a Judge, against whom there lies a personal objection. Prorogation of the jurisdiction of the Court of Session, in cases of which they are not judges in the first instance. Effect of proponing other defences after declinator is repelled.
Brown v. Burnet
1682.
February. Case No. No 29.
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In the suspension of a charge upon a charter-party, registrated in the books of Session, the Lords found, That though the Admiral was the privative judge in the first instance, the suspension was a second instance, and there was no necessity to registrate the contract in the Admiral's books, seeing he could not suspend the charge. And the first instance is to be understood of libelled summons, and not of registration, which is a decreet of consent.
Fol. Dic. v. 1. p. 494. Harcarse, (Suspension.) No 944. p. 265.
