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 SESSION-CLERK.

Potts, Petitioner

Date: 23 November 1775

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SESSION, Clerks of. See Clerks of session.

The Sheriff-clerk of Roxburghshire happening to die, the Sheriff, — November 1775, appointed an interim clerk, in order that the business of the court might not be delayed. See the practice as universal, 4 New Coll., p. 169.

The Sheriff of Roxburgh having ordered certain bills for the value of a tenant's stocking, sold spreto mandato after a sequestration, to be taken in his clerk's name, by filling up the blank indorsations; he authorised the clerk to raise horning thereupon. It was raised, and denounced accordingly ; then, the clerk dying, the Sheriff named an interim successor, whom he authorised to proceed. The Lords past a bill of caption in his name accordingly. They considered this as ministerial, and that the office never died.