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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes [1835] CA 13_244 (13 January 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0244.html
Cite as: [1835] CA 13_244
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SCOTTISH_Shaw_Court_of_Session
Page: 244↓
Subject_Administration of Jusice.—
Circumstances in which the Court passed an Act of Sederunt for the purpose of enabling certain procurators to practise before the Burgh Court of Peterhead, in whose favour a jurisdiction had been created by the Burgh Reform Act.
The town of Peterhead was a burgh of barony, under a subject-superior, who appointed a baron-bailie, until the Burgh Reform Act conferred a magistracy and council upon it. By that act (3 and 4 William IV. c. 77) it is enacted, § 77, “That the magistrates and town-council to be elected for the said burghs of towns under the authority
In December, 1834, a petition was presented to the provost and magistrates, by Keith Forbes, writer in Peterhead, setting forth, that he had served an apprenticeship of four years to a licenced attorney, notary-public, and conveyancer in Peterhead; that he had practised as a law-agent and conveyancer in Peterhead for ten years; that he had acted as a process-agent before the supreme court, and several inferior courts in Scotland, and was desirous of being admitted a procurator in the burgh court of Peterhead. The magistrates remitted the petitioner to their assessor for examination, who reported him duly qualified, Thereafter, in respect of a provision in the Act of Sederunt, 12th November, 3825, P. II., c. 6, § 1, requiring every procurator to have served an apprenticeship for three years, either to a writer to the signet, or solicitor before the supreme courts, or procurator in a sheriff-court, or court of a royal burgh, the magistrates delayed farther considering the petition of Forbes until after he had applied to the Court of Session to dispense, as to Peterhead, with that provision in the Act of Sederunt. The magistrates offered to concur in any such application. They pronounced a similar deliverance as to the petition of Alexander Robertson, writer in Peterhead. Forbes and Robertson then presented a petition to the Court of Session, stating, that Peterhead was above 30 miles distant from the sheriff-court of the county , and that, as there was no resident practitioner who was qualified in terms of the Act of Sederunt, the burgh court jurisdiction would be inoperative, unless a dispensation was granted in their favour. They referred to the dispensation granted to the procurators residing in Leith, who were empowered by special Act of Sederunt to practise in the newly erected sheriff-court of Leith, in respect that the business of the local courts of Leith, where they had hitherto practised, was likely to be, in a great measure, transferred to the new sheriff court; and they prayed the Court “by passing an Act of Sederunt, or otherwise, to authorize and empower the magistrates of Peterhead to admit and enrol the petitioners as procurators before their court.”
The other Judges concurred, and the prayer of the petition was granted. The subjoined Act of Sederunt was at the same time passed. *
_________________ Footnote _________________
1 “Act Of Sederunt.—The Lords of Council and Session, taking into their con-sideration, that, by the late acts, 3d and 4th William IV., cap. 77, a municipal constiution is conferred upon the town of Peterhead, in the county of Aberdeen; and that, by the 30th section of the said act it is enacted, that the like rights, powers, authorities, and jurisdictions shall be possessed by the magistrates of such town, as are now possessed by the magistrates of royal burghs in Scotland. That, since their election, the magistrates of Peterhead have appointed as their assessor Mr James Edmond, a member of the Society of Advocates of Aberdeen, and lecturer on Scots Law and Conveyancing in Marischal college. That William Gamack, William Alexander, Keith Forbes, and Alexander Robertson, four of the resident legal practitioners in Peterhead, have lodged petitions praying to be admitted as procurators before the Bailie Court of Peterhead, That the magistrates remitted the applicants to be examined by their assessor, who reported that he found them fully qualified, so far as respected their knowledge of law, and the forms of process. That a doubt having arisen as to the admissibility of the said Keith Forbes, and Alexander Robertson, two of the applicants, as not qualified in terms of the Act of Sederunt, 12th November, 1825, while William Gamack, one of the applicants, who is so qualified, holds at present the office of bailie, and William Alexander, another of the applicants, who is also so qualified, holds at present the office of townclerk of the said burgh, the magistrates superseded determining on their admissibility till they should present an application to the Court of Session, praying for authority to their being admitted, notwithstanding the provisions of said Act:—That the Town of Peterhead is situated at a great distance from the seat of the sheriff-court of the county, and, from its increasing importance, it is desirable that the inhabitants should have the full benefit of the local jurisdiction, which has recently been created. That an application has been made by the said Keith Forbes and Alexander Robertson for a modification of the foresaid Act of Sederunt, 15th November, 1825, accompanied by the suggestion and recommendation of the magistrates of the said burgh. And the said Lords of Council and Session having taken into consideration the said suggestion end recommendation of the said magistrates, do hereby modify the said Act of Sederunt, made on the 15th day of November, 1825, so far as to authorize and empower the said magistrates of Peterhead to admit and enrol the said Keith Forbes and Alexander Robertson as solicitors or procurators before the said Bailie Court of Peterhead; And the said Lords do hereby declare, that this Act of Sederunt is without prejudice to the right of admission of all members, who are qualified under the foresaid Act of Sederunt, on their making application to the magistrates of Peterhead for that purpose.”
Solicitors: H. Handyside, W.S.—Agent.