Of Superior and Inferior Commissaries and their Privileges.
John White of Ballo v. David Sibbald and Others
Date: 28 January 1725 Case No. No 270.
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Ballo having charged upon a decreet of the Commissary of St Andrews, for payment of a sum decerned for on account of a scandal, the decreet was suspended upon the head of iniquity in the judge, for repelling a just defence, and imposing an exorbitant fine. Ballo alleged, that if the suspension should be sustained, it was in effect to reduce the Commissary's decreet, which could only be competently done by the Commissaries of Edinburgh at the first instance, agreeable to the act of Parliament 1609, and a decision 23d July 1624, Herries against Drumlanrig, voce Teinds.
It was answered, That the act of Parliament as to that point was in desuetude, and the decision had not been followed for upwards of 100 years.
The Lords repelled the defence of the Commissaries of Edinburgh's jurisdiction.
Reporter, Lord Cowper.Act. Alex. Hay.Alt. Ja Morison.
Fol. Dic. v. 3. p. 354. Edgar, p. 159.
