Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PUBLIC OFFICER.
Subject_3 Validity of a commission to a party and his son, as conjunct clerks; with a survivancy.

Date: 9 December 1772

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In the Teind Court, upon production of a commission to Mr Joseph Williamson and his son, as conjunct clerks, with a survivancy, a question occurred as to the validity of the commission.

Coalston. I would have moved for remonstrating to the King, had this been the first case of the kind; but I see evidence of practice.

Hailes. Since we are to receive the commission, let it be upon a preamble of the practice, that posterity may be put upon its guard.

Elliock. A preamble will serve no purpose, because what is done in the Teind Court will be no notification in any other.

President. The practice proved in other courts or offices, affects not me. My opinion is, that, in matters where judgment is required, there can be neither conjunction nor survivancy. Here the office is merely ministerial.

The Lords having considered the precedents produced, and that the office is purely ministerial, and that Mr Williamson's commission gave a power of deputation, ordered the commission to be received.