Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 Reduction of a decrec of division of valuation, by which a freeholder's qualification was reduced below L.400 Scots, found to be a sufficient ground for striking him off the roll, though he had been upwards of four months enrolled.

Charles Hope Vere, Esq
v.
Mr Alexander Bruce

Date: 27 June 1771

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[Faculty Collection, V. p. 217; Dictionary, 8824.]

Monboddo. I have no doubt as to the merits. I would doubt of the competency were it not for judgments pronounced by this Court. It is plain that this special case has been omitted in the statute. Neither are there any general words which give us jurisdiction to supply the omission. Nevertheless, I would go on in the error until we are corrected by superior authority.

Alemore. I doubt how far we are tied down by precedents, when we are satisfied that they have interpreted the statute beyond its purview.

On the 27th June 1771, “the Lords ordained the name of Mr Bruce to be expunged;” adhering to interlocutor 14th February 1771.

Act. R. M'Queen. Alt. D. Rae.