Circumstances sufficient to disqualify a candidate for the office of a rotary-public.
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Angus, with a view of practising in the city of Glasgow, made application to the Court for admission into the office of a notary-public. His moral character and his abilities having been certified in the usual manner, he was in consequence of a remit from their Lordships, examined by two writers to the signet, by whom his proficiency was approved and reported. But when the Court came to give their sanction to this report, objections to his admissibility were urged by Macaulay, and a number of other members of the society of writers in Glasgow. These Were founded the following circumstances in his situation and character, some of which became afterwards subject of proof.
About the age of twenty, Angus extend into service of a tobacconist in Glasgow. After the death of his master, whose widow he had married, he carried on the business on his own account for some time, and then turned bankrupt. No dishonesty, however, appeared in his conduct; the composition which he paid was 10s. in the pound, besides granting his bills for a father payment of 2s. 6d. Having again begun business as before, he became a second time insolvent, an event which seemend to be in part owing to his resources having been unequal to the payment of those bills.
Angus now, when about twenty seven years of age, placed himself as an apprentice with a writer in Glasgow, and continued to serve in that capacity until the expiration of the term agreed on. His wife in the mean time took up the business of a grocer, and in this undertaking likewise a bankruptcy happened. He, however, professing himself to have no concern, with his wife's transactions; still followed the occupation of a writer, and after a few year, made the application in question for being admitted a notary-public.
The grounds of the objections pleaded against Angus, from those facts, were Four in number; 1mo, His repeated bankruptcies; 2do, His character being suspicions; 3tio His having so long followed a different profession; 4to, His wanting the knowledge requisite for discharging the office he was in suit of.
It seemed, however, to be admitted, that no one of these particulars, apart from the rest, could furnish an objection sufficient to disqualify Angus for becoming a notary-public. But it was urged, that the sum of the whole was of such magnitude, as to present an insurmountable obstacle to his admission into an office of such considerable public trust,, and which required so great an extent of qualification, both in point of morals, and of professional skill. To those objections Angus
Answered, 1mo, His bankruptcies' were not attended with dishonesty; 2do, Of his bad character there exists not any proof; 3tio, His having, prior to the age of twenty-seven, been engaged in a mercantile employment, is not a relevant ground of exception; 4to, That he possessed a competent share of the requisite knowledge has been found on regular examination, and has been certified in due form.
It was added, that the notion of completing in the above manner a sum-total of objections, owned to be severally insufficient, would lead to very loose and arbitrary, and even to whimsical modes of judging concerning cases like the present; and that the concession itself, on which it proceeded, seemed fatal to the pleas of the objectors.
The Court, after a hearing in presence, were of opinion, that the whole circumstances of the case were of such a nature as to shew Angus to be an unfit person for being intrusted with the office of a notary-public.
The Lords therefore refused to authorise his admission.
Act. Ilay Campbell, Cullen, Arch. Campell.Alt. Hen. Erskine, W. Stuart.
N. B. When the cause was about to be decided, the objectors produced a paper said to have been given in to an inferior court, with this title, Defences for Jane Seymour (Angus's wife) and Company, and likewise certain shop-accounts of hers, bearing the same addition of Company to her name; an appellation, as they contended, which indicated either an equivocal conduct on the part of Angus, in his thus seeming to avow, whilst on other occasions he disclaimed connection with his wife's business; or else a design to mislead his creditors into a belief that the shop-goods, as being a company concern, were, so far, not attachable for his debts,
