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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Commissary Clerk of Lauder v The Commissaries of Edinburgh. [1739] 1 Elchies 215 (12 December 1739)
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Cite as: [1739] 1 Elchies 215
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[1739] 1 Elchies 215
Subject_1 JURISDICTION.
Commissary Clerk of Lauder
v.
The Commissaries of Edinburgh
1739 ,Dec. 12 .
Case No.No. 19.
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The Lords upon memorials for the Commissaries of Edinburgh complaining of our naming a Commissary for Lauder during a vacancy, because they said they had a power of confirming testaments in time of vacancies, and answers for Mr Winram; the Lords would not determine concerning the validity of the Commissaries of Edinburgh's confirmations in case of vacancies; though several of us thought they had no such power, and that it is contrary to the act 1609; but we first found that we had jurisdiction to appoint a Commissary, renit. President et Milton; next we agreed that we should name one in this case,—renit. as to the last point Arniston.
*** The case 3d November 1742, Christie, here referred to, is mentioned in the Notes thus:
Upon the doubt of the Commissary of Stirling, the Lords authorized the petitioner to officiate as Commissary till the vacancy be duly supplied as they did before in the case of Commissary of Lauder in December 1739, the Commissaries of Edinburgh opposing.
The electronic version of the text was provided by the Scottish Council of Law Reporting