Scottish Court of Session Decisions

Subject_1 DECISIONS of theLORDS OF COUNCIL AND SESSION, reported by LORD KILKERRAN, ADVOCATE.

Bank of scotland
v.
Ramsay

Date: 12 December 1738

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In a competition between the Bank of Scotland and Ramsay, which was reported to the Court by the Lord Ordinary, Lord Kilkerran states, that “when the Ordinary began the report, Royston offered to decline himself, as being an extraordinary director. Some of the Lords took notice, that in a former case, the Lords had found, that being an ordinary director was a ground of declinator, butthat being an extraordinary director was no ground of declinator. It was said by Kilkerran, that as he was a proprietor, and as he was of opinion, that if any declinator lay, it was founded on being proprietor, he also desired the judgment of the Court how far he could vote. Arniston gave his opinion, that the objection lay upon being proprietor; and that if the declinator against the proprietor was repelled, so should that of being director, et vice versa; but that he was of opinion, that the declinator to a proprietor was good, unless there lay such objection to so many of the Court that a quorum would not remain, in which case, the Court behoved ex necessitate to judge. Ita also Elchies: but, upon a vote whether either Royston or Kilkerran could vote, it carried by great plurality to repel the declinator.

Vide Elchies ; Voce Jurisdiction, No. 50.