Scottish Court of Session Decisions

Miss Catherine A. Halkett Hay and John T. Halkett Hay, children of the late Charles H. Halkett Hay of Balendoch, Perthshire, who were minors, raised on 5th July 1887 this action of choosing curators, calling as defenders their next-of-kin on their father's and mother's side respectively. No appearance was made for the next-of-kin, and the pursuers put into process a deed nominating a Mrs Yeats to be their curator during their minority. On 21st September 1887, on which day the Lord Ordinary on the Bills sat in Court, in virtue of the 93rd section of the Court of Session Act 1868, his Lordship was moved to sustain the deed of nomination by the pursuers.

It was pointed out by the Clerk that in practice in summonses of choosing curators such an order had never been granted, it being the understanding that such a decree as that moved for did not fall under the provisions of section 93 of the Court of Session Act 1868, which provides that “… on the fifth lawful day after each box-day, the Lord Ordinary officiating on the Bills shall sit in Court for the purpose of granting or recalling decrees in absence, and hearing and disposing of motions in any cause in reference to the preparation of the record, or for the granting of commission and diligence for the recovery of writings to lie in retentis, or for any other purpose which the Court may specify by any Act of Sederunt which they are empowered by the Act to make.”