The Court refused to appoint an interim Judge of the Court of Admiralty.
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Upon the death of Mr James Graham, Judge in the High Court of Admiralty, Mr Archibald Inglis, clerk of the said Court, applied to the Lords to appoint an interim Judge, in respect several causes were depending that could not admit of delay; and in his petition referred to the practice of appointing an interim Commissary, which, a few years ago, the Lords did upon the death of the Commissary of Lauder. But the Lords were all of opinion, they could not grant the desire of the petition, and therefore ordered it to lie upon the table.
The power of appointing Commissaries was originally in the Court of Session, and only superceded by the supervening of Episcopacy. There was therefore no argument from that custom. 2do, There is no vacancy, as it is the High Admiral who is Judge of the Court of Admiralty. Vide the act 1681, cap. 16.
Fol. Dic. v. 3. p. 348. Kilkerran, (Jurisdiction.) No 5. p. 318.
