Scottish Court of Session Decisions

Subject_1 COMMISSIONERS OF SUPPLY.

Hepburn of Monkrigg
v.
Hay of Hopes

1735, July 25.
Case No. No. 1.

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

The Lords found, that one infeft in superiority might act as Commissioner of Supply, thought that superiority was valued in the tax-roll only at L.40, provided the property was valued at L.100, the sum the act limits; whereby lands valued at only L.100 may give a good title to both superior and vassal, where both happen to be named Commissioners. But found, that where lands are not separately valued but are parts of a Barony that is valued in cumulo, the superior or proprietor cannot act as a Commissioner until they be separately valued,—and therefore sustained the objection to Mr Hugh Dalrymple's vote. They also found, that in this suspension, which is a competition for the immediate possession, a term should be allowed for proving a voter's qualification, and therefore disallowed Sir John Sinclair's vote;—and they found that a minor could not act as Commissioner of Supply, and therefore rejected Mr Dalrymple Stair's vote, the objection being instantly proved by Lord Drummore his father,—and in this last question they found that Lord Drummore could not vote. They repelled the objection to Mr John Armour of the wrong spelling his title, and found that Brinkers, Fallahill, and young Preston's votes were good.