BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
A. v B. [1631] Mor 3106 (10 February 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor0803106-024.html Cite as:
[1631] Mor 3106
Decree subscribed by the commissary in place of the clerk sustained, because of the custom, but the custom found not right, and therefore not to be sustained in time coming.
Click here to view a pdf copy of this documet : PDF Copy
The Commissary of Brichen having pronounced a decreet betwixt two parties, which beiag extracted, was subscribed by the Commissary, who was judge thereto, and not by his clerk, and therefore was quarrelled as null, seeing these being two distinct offices, as the clerk could not be judge, no more could the judge be clerk; for, as the judge could not sit down and minute processes, and write his own ordinances, no more could he subscribe decreets; notwithstanding whereof the decreet was sustained, seeing it was the custom of that court, and divers other inferior judicatures to do the same; but the Lords found it a custom unlawful, and not to be hereafter allowed, and ordained the Commissary to abstain therefrom in time coming.
