Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
John Inglis v. His Tutor Dative, &c
I701.
December26.
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John Inglis, merchant in Nairn, having fallen melancholy and unfit for business, his friends took out a brief of idiotry against him, whereupon he was re-toured, on the verdict of fifteen sworn men, to be ret suce non satis providus; and thereon a tutory-dative was obtained from the Exchequer, with this quality, So long as his weakness and silliness continued. Time having dispelled these clouds and vapours, he becomes as capable of business as he was formerly; whereon he raises a declarator of his convalescence, concluding a reduction of the retour and tutory on that head; and whereto he cites his nearest of kin, and procures declarations, bearing his present fitness and capacity of managing, as much as any other prudent man of his circumstances: and he craves a commission to the Sheriff of Nairn to try his present condition of mind and judgment, and to report; in regard he was not able, in respect of his age and the winter-season, to come to Edinburgh.
The Lords found a verdict of a sworn inquest could not be taken off, neither by subscribed declarations nor by a commission to others to try; but that the cognition and trial behoved to be taken before the Lords in prœsentia, by various questions and interrogatories; and therefore refused a commission; but allowed probation to be taken of his being now habit and repute prudent and provident, and fully reconvalesced; and appointed him to sist himself before the Lords, in the beginning of June next, that the trial might proceed causa cognita. Some thought, in case of utter inability to travel, a commission, in such an extraordinary case, might be granted; otherwise such a man's liberation from the imputation of idiotry should want a remedy, and he be deprived of the liberty and free disposal of his goods, moveable or immoveable: But the Lords required his personai attendance before them, as the great inquest of the nation, for inspection and trial; otherwise a patched-up report might be procured by designing persons, in executing a commission, bearing the man's recovery where it is not true.
