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Scottish Court of Session Decisions >>
Bargany v Hamilton. [1702] Mor 16319 (14 July 1702)
URL: http://www.bailii.org/scot/cases/ScotCS/1702/Mor3716319-242.html Cite as:
[1702] Mor 16319
A pupil sequestrated by the Court, in order to insure a free election of curators.
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Mrs. Joanna Hamilton, niece to the Lord Bargany, being past twelve years old, and about to choose her curators, and in custody of the Lady Swinton, her aunt by the mother's side, and her father's relations apprehending she might be influenced in her nomination and election of curators to neglect her father's friends, there is a petition given in by my Lord Bargany, her uncle, craving she may be removed out of. Swinton's family, and put and sequestrated with some indifferent person, where she may be at absolute freedom and liberty to choose her curators, without influence and imposition, and with due regard to her father's relations as well as her mother's, and that all may have free access to her, and none be debarred nor denied access till she make her nomination, and then she may be placed where the major part of her curators shall think fit to put her; and till then, that she be not enhanced nor monopolized as a property to either of the two contending parties. It was alleged for her, That the sequestration of pupils was more proper for the Privy Council than the Session; and that regard is always had, that they were not to be given to the custody of those who had the hope of succession; and that she had already raised and executed her brieves against the nearest of kin, both on her father's side and mother's, and ought not to be stopped therein. The Lords found they had been in use to sequestrate minors as well as the Council, and that my Lord Bargany could not claim her custody, being her nearest heir; and that minors have been oft imposed on in their elections, and that it merited the Parliament's consideration, that minors should not have that unbounded liberty to their own prejudice; therefore, they prorogated the diet of her election till November next, and ordained her to be delivered up to James Hamilton of Pencaitland, one of the Clerks of Session, to stay in his house till the 11th of November next, and all her friends indifferently to have access to her, and that she chuse betwixt the 1st and 10th of the said month.
