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Scottish Court of Session Decisions >>
Stevenson, Pitcairn, Oliphant, &c. v Dr Sinclair, &c. [1699] 4 Brn 465 (29 November 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn040465-0901.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Stevenson, Pitcairn, Oliphant, &c v. Dr Sinclair, &c
Date: 29 November 1699
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Doctor Sinclair, President of the College of Physicians, and some associates, having deprived Doctors Stevenson, Pitcairn, Oliphant, and some others, from being members of that society, for contumacy and other grounds, they give in a bill of suspension against the sentence; and likewise apply to the Lords by petition, representing that the trysting their deprivation at this time was most iniqnous and fraudulent; being contrived of purpose to exclude them from having a vote in the election of the preses for the year ensuing, which diet for election was just approaching; and therefore craved the cause might be instantly discussed, that they might not be debarred from the privilege of voting as members of the College. Whereunto the other physicians answering, That they could not be compelled to answer on the suspenders' desire, till the cause came in by the course, especially seeing there were mutual declarators raised, the event whereof would determine their privileges and power;
The Lords found the chargers could not be forced to discuss summarily except they pleased; and therefore refused either to stop or prorogate the diet of the election, or to allow them to sit and vote medio tempore; and declined to interpose till the point of right came to be debated.
