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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archbishop of Glasgow v The Representatives of The Commissary-Depute of Dumfries. [1680] 2 Brn 259 (13 July 1680) URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn020259-0537.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Archbishop of Glasgow
v.
The Representatives of The Commissary-Depute of Dumfries
13 July 1680 Click here to view a pdf copy of this documet : PDF Copy
The late Archbishop of Glasgow pursues the successors of the Commissary-Depute of Dumfries for the quots of testaments that were confirmed when he was depute; and that, upon the bishop's injunctions to the commissaries, approven of by the King, and recorded in the books of sederunt, bearing this article,—
That where there was no quot-masters named by the bishops, the commissaries should be countable for the quots of all testaments confirmed by them; which would be illusory, if their deputes were not liable for the quots of testaments confirmed when they were deputes. It was answered, That the injunctions mentioned no deputes; and, though it did, it could only extend to the testaments confirmed by the deputes when they actually sat.
The Lords found the depute also liable for all testaments confirmed when the depute sat; seeing he ought to have secured the quot, before he confirmed the testament; if he had not made count and payment thereof to the principal commissary.
Vol. II, Page 785.
The electronic version of the text was provided by the Scottish Council of Law Reporting
