Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 INTERDICTION

JURISDICTION.

ADMIRAL-SUBSTITUTE OF LEITH.

Robert and John Jameson
v.
Alexander Skinner

Date: 5 March 1772

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May be either voluntary or judicial; when judicial, may be either ex officio, or on an action causa cognita. Of the last, an instance occurred this day, 17th July 1776, Thomson against Thomson. The Lords, before pronouncing their interlocutor, called the defender into the robing-room, and asked him some questions; and afterwards interdicted him ; and gave expenses.

In 1769, Robert and John Jameson, merchants in Leith, brought an action against Alexander Skinner, baker there, before the Admiral-substitute of Leith, for the price of wheat; and, upon the dependance, arrested in the hands of sundry persons residing in Edinburgh. The pursuers obtained decree against Skinner, and, having raised a furthcoming before the Court of Session, a competition followed betwixt them and Craig, another creditor. Objected to the decree of the Admiral, and arrestments on the dependance,—Void and null:—1st, His jurisdiction is confined by his commission from the Town of Edinburgh, who derived their authority, by a grant from James the Sixth, to the town and port of Leith, whereas the arrestees live in Edinburgh; 2dly, His commission is limited to maritime causes only. The answer to these objections was, immemorial custom. This led into an inquiry concerning the practice.

As to the first point, they condescended on several instances before the 1747, of decreets, in maritime causes, pronounced by the Admiral of Leith over the inhabitants of Edinburgh; but more after.

As to the second, they condescended on six instances of mercantile causes decided by the Admiral of Leith over inhabitants of Edinburgh, from 1667 to 1676, and on twenty from 1747 to 1771, thirteen of which, indeed, were in absence.

The Lords, 5th March 1772, “Found the proof of the exercise of the jurisdiction sufficient to support the arrestments used by Messrs Jamesons; and therefore preferred them.”