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.
Ker of Moriston v. Swinton of Mersington
Date: 8 January 1703
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Andrew Ker of Moriston being to pursue Major Swinton of Mersington for £ 1000 Scots, contained in his bond, and which was omitted in the confirmed testament before the Commissary of Lauder, and which he could not get now eiked, in respect the said commissariot was now vacant by the decease of Mr Alexander Home, last commissary there; and therefore craving the Lords, as the great consistory of the nation, would provide some remedy for that defect of jurisdiction;
Some thought he might be remitted to the Commissaries of Edinburgh, and their confirmation declared effectual; but this was thought iniquous, to give one commissariot the profits and emoluments truly belonging to another; therefore they granted him their license and warrant to pursue the said debt; he giving bond and caution to eik and confirm it before the Commissary of Lauder, so soon as the place should be filled. And if Mersington should object his want of a title through not-confirmation, the Lords would repel the same in respect of the obligement foresaid, to confirm in his own jurisdiction when the place comes to be filled.
